PRESS COUNCIL OF INDIA

Annual Report(April 1, 2014- March 31, 2015)

New Delhi

Printed at : Chandu Press, D-97, Shakarpur, Delhi-110092

Press Council of IndiaSoochna Bhawan, 8, CGO Complex, Lodhi Road, New Delhi- 110 003

Chairman: Mr. Justice Chandramauli Kumar Prasad

NAME ORGANISATION NOMINATED BY NEWSPAPER

Editors of Indian Languages Newspapers (Clause (a) of Sub-Section (3) of Section 5)

Shri Ramesh Gupta All India Newspaper Editors’ Conference andHindi Samachar Patra Sammelan

Weekly Tej,UrduNew Delhi

Shri Bipin Newar All India Newspaper Editors’ Conference andHindi Samachar Patra Sammelan

Chapte ChapteHindi Daily,West Bengal

Shri Uttam Chandra Sharma

Hindi Samachar Patra Sammelan and All India Newspaper Editors’ Conference

Muzaffarnagar Bulletin,Hindi DailyMuzaffarnagar, U.P.

Dr. Suman Gupta Hindi Samachar Patra Sammelan and All India Newspaper Editors’ Conference

Janmorcha,Hindi Daily, Faizabad,Uttar Pradesh

Shri Prakash Dubey Editor’s Guild of India Dainik BhaskarHindi Daily,Nagpur

Editors of English Newspapers [Clause (a) of Sub-Section (3) of Section5] Shri Krishna Prasad Editor’s Guild of India Outlook (English)

New Delhi

Working Journalists other than Editors (Clause (a) of Sub-Section (3) of Section 5)

Shri Kosuri Amarnath Indian Journalists Union, National Union of Journalists (I),Press Association and Working News Cameramen’s Association

Freelancer, Journalist,Hyderabad

Shri Prabhat Kumar Dash Indian Journalists Union, National Union of Journalists (I),Press Association and Working News Cameramen’s Association

PratidinOdia Daily,Odisha

Shri Rajeev Ranjan Nag Press Association, Working News Cameramen’s Association,Indian Journalists Union and National Union of Journalists (I)

Aaj Samaj, Hindi Daily,New Delhi

Shri Prajnananda Chaudhuri

National Union of Journalists (I), Indian Journalists Union,Press Association and Working News Cameramen’s Association,

Ananada Bazar Patrika,Kolkata

Shri S.N. Sinha Indian Journalists Union, Working News Cameramen’s Association, National Union of Journalists(I) and Press Association

Photo Journalist(Freelancer),New Delhi

Shri Sondeep Shankar Working News Cameramen’s Association, Indian Journalists Union, National Union of Journalists(I) and Press Association

Photo Journalist, (Freelancer)New Delhi

Shri C.K. Nayak Press Association, Indian Journalists Union, Working News Cameramen’s Association and National Union of Journalists(I)

The Shillong Times,Shillong

Owners and Managers of Big, Medium and Small Newspapers(Clause (b) of Sub-Section (3) of Section 5)

NAME ORGANISATION NOMINATED BY NEWSPAPERS

Shri Hormusji N. Cama Indian Newspaper Society The Bombay Samachar, Gujarati Daily, Mumbai

Shri Ravindra Kumar Indian Newspaper Society The Statesman, English Daily, Kolkata

Shri Kundan Ramanlal Vyas

Indian Newspaper Society, Association of Small and Medium Newspapers of India and All India Small and Medium Newspapers Federation

Kutch Mitra, Gujarati Daily, Kutchh (Bhuj), Gujarat

Shri Gurinder Singh All India Small and Medium Newspapers Federation, Indian Newspaper Society, and Association of Small and Medium Newspapers of India

Indian Observer,English Fortnightly, New Delhi

Shri Vijay Kumar Chopra Indian Newspaper Society, All India Small and Medium Newspapers Federation and Association of Small and Medium Newspapers of India

Hind Samachar, Hindi Daily, Jalandhar

Shri Keshav Dutt Chandola

Association of Small and Medium Newspapers of India, Indian Newspaper Society and All India Small and Medium Newspapers Federation

Rajput Maryada,Hindi Weekly,Kanpur

Managers of News Agencies (Clause (c) of Sub-Section (3) of Section 5)

Shri G. Sudhakar Nair The Press Trust of India EditorThe Press Trust of India Limited, New Delhi

Nominees of University Grants Commission, Bar Council of India and Sahitya Academy (Clause (d) of Sub-Section(3) of Section 5)

Shri Pankaj Vohra University Grants CommissionShri Ramchander Rao N. Bar Council of IndiaDr. K. Sreenivasarao Sahitya Academy

Members of Parliament Nominated by Speaker, Lok Sabha and Chairman, Rajya Sabha (Clause (e) of Sub-Section (3) of Section 5)

Smt. Meenakshi Lekhi (Lok Sabha)*Shri Rajiv Pratap Rudy (Lok Sabha)Shri G. Hari (Lok Sabha)Shri Prabhat Jha (Rajya Sabha)Shri Satyavrat Chaturvedi (Rajya Sabha)

Secretary: Vibha Bhargava *Names of 28 members notified vide Gazette Notification dated 10.10.2014 *Shri Justice Chandramauli Kumar Prasad nominated as Chairman vide gazette notification dated 25.11.2014*The term of the Chairman Shri Justice Markandey Katju came to an end on 24.11.2014*Shri Rajeev Pratrap Rudy, Member tendered resignation on 10.12.2014 on assuming charge in The Union Cabinet

Contents

Foreword vii

Chapter I General Review

Resume’ of XIth term of the Council w.e.f. June 15, 2011 to June 14, 2014

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Chapter II Adjudications in Complaints Regarding Threats to Press Freedom

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Chapter III Adjudications in Complaints Filed Against the Press

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Chapter IV Model Accreditation/Advertisements Rules-2014 adopter by Council on 2.6.2014

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Chapter V Report on acid attack on Media Person and his family members in Prabani Maharashtra dated 2.6.2014

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Chapter VI Report on threats to the Media persons in Telangana, Warangal City dated 27.10.2014

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Chapter VII Report on attacks on Media Persons by the Police at Barwala, Hissar, Haryana dated 19.11.2014.

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Chapter VIII Report on attack on Media during violence in Faizabad dated 13.3.2015

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Chapter IX Finances of the Council 2014-2015 103

Annexure

A Statement of Cases April 1, 2014- March 31, 2015 128

B Gazette Notification dated 30.4.2014 129

C Gazette Notification dated 10.10.2014 131

D Gazette Notification dated 25.11.2014 137

E Graph of Adjudications 2014-15 138

F Statement of Cases for the XIth Term (April 1, 2011 - March 31, 2014)

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G Graph of Statement of Cases for the Period (April 1, 2011 - March 31, 2014)

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H Statement of Attendance at Council Meetings (April 1, 2011 - March 31, 2014)

141

I Statement of Attendance at Inquiry Committee Meetings (April 1, 2011 - March 31, 2014)

142

J Subject Index of Adjudications in Complaints Regarding Threats to Press Freedom (2014-2015)

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K Subject Index of Adjudications in Complaints Filed Against the Press (2014-2015)

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L Index of Principles Recorded in Adjudications in Complaints Regarding Threats to Press Freedom

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M Index of Principles Recorded in Adjudications in Complaints Filed Against the Press

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N Subject Index of Orders passed by the Press & Registration Appellate Board (2014-2015)

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ForewordEvery year the Press Council of India, as required by the Press Council Act

1978, publishes Annual Report thereby giving account of the activities undertaken by the Council and the state of freedom of the press in India during the past financial year (April 1st to March31st). This report is laid before the Parliament.

The current Report 2014-15 presents an encapsulated account of the activities pursued by the Council in order to preserve the freedom of the press and in improving the standards of the press in India. It summarises the complaints received from and against the press and the adjudications rendered by the Council concerning threats to the press freedom and complaints filed against the press, over the period of April 2014 to March 2015.

The report also lays down an analysis of the several meetings held by the Inquiry Committees and the Council and its other Committees in different parts of the Country. These meetings were held successfully and have created a wide range of awareness amongst the masses regarding the powers, functions and the significance of the Press Council of India in maintaining and upholding the freedom of the Press. It also gives an account of the events and major development which occurred in the world of Press in the context of India and in relevance to the world press freedom. In addition, the report also contains the statement of the audited accounts.

The report presents a compilation of the studies and reports prepared by the different committees of the Council on important matters, related to the preservation of the freedom of the press and maintenance of its standards. These reports are documented as chapters consisting of valuable guidelines for the stakeholders.

This is the first report of the XIIth Council and I take this opportunity to thank all the Members of the Council for extending their invaluable support in accomplishing the objectives of the Council illustriously and competently.

Hereby, the Annual Report 2014-15 is presented in the hands of the readers with the hope that the report would prove as a significant piece of information concerning the effort of the Council in the realization of freedom of the press while vindicating the journalistic ethics.

New DelhiMarch 31, 2015

Chandramauli Kumar Prasad Chairman

Press Council of India

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Chapter – IGeneral Review

Introduction The Press Council of India is a statutory quasi-judicial autonomous

authority mandated by the Parliament for the twin objective of preserving the freedom of the press and maintaining and improving the standards of newspapers and the news agencies in India exercising equal quasi-judicial functions over the authorities as well the press personnel. It comprises of a Chairman and 28 members. While the Chairman has, by convention, been a sitting or retired judge of the Supreme Court of India, of the 28 members, 20 represent various segments of the Press and eight overseeing the readers’ interest, are representatives of the two Houses of Parliament and premier literary and legal bodies of the country i.e. University Grants Commission, Bar Council of India and Sahitya Academy. The Council has its own funds for performance of its functions under the Act that comprises of the fee collected by it from newspapers, other receipts and grant-in aid from the Central Government. Hon’ble Mr. Justice Chandramauli Kumar Prasad has been appointed to Chair the Press Council of India w.e.f. 25.11.2014. The 11th term of the Press Council of India came to an end on 14.06.2014 and it has been reconstituted on 10.10.2014 with 28 members representing the above segments

Composition and Objects

The Press Council of India was first set up in 1966 under the Indian Press Council Act, 1965, on the recommendations of the first Press Commission, with the twin object of “preserving the freedom of the press” and of “maintaining and improving the standards of newspapers and news agencies in India”. The 1965 Act was, however, repealed in 1975 and the Press Council was abolished during emergency. A new Act was enacted in 1978 more or less on the same lines as the Act of 1965 and the Press Council was re-established under it in 1979. The Press Council is headed by a Chairman who has by convention been a sitting/retired judge of the Supreme Court of India. The Council consists of 28 other members of whom 20 represent the press, five are from the two houses of Parliament who represent the readers’ interest and three are from the cultural, literary and legal fields and are nominated by the University Grants Commission, the Sahitya Academy, and the Bar Council of India respectively. The term of the office of the Chairman and the members is three years. The Press Council Act does not

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provide for individual membership to newspapers or press persons. However, in reaching out to the newspapers of the country and rendering its adjudicatory and advisory role the Press Council levies an annual fee on newspapers/news agencies/periodicals that contribute to the revenue of the Council.

The objects of the Press Council of India as embodied in Section 13 of the Act of 1978 are to preserve the freedom of the Press and to maintain and improve the standards of newspapers and news agencies in India. The Act also confers an advisory role on the Council in that it can, either suo-motu or on a reference made to it by the Government under Section 13(2) of the Act, undertake, studies and express its opinion with regard to any bill, legislation, law or other matters touching the Press and convey its opinion to the Government or the persons concerned. In a case of public importance, touching its statutory responsibilities, the Council may suo-motu take cognizance and constitute a Special Committee to make an on-the-spot inquiry. In furtherance of its objects, some of the important functions which the Press Council is required to perform are to help newspapers and news agencies maintain their indepdence; to build up a code of conduct for newspapers, news agencies and journalists in accordance with high professional standards; to ensure on the part of the newspapers, news agencies and journalists the maintenance of high standards of public taste and foster a due sense of both the rights and responsibilities; to keep under review any development likely to restrict the supply and dissemination of news of public interest and importance; to promote a proper functional relationship among all classes of persons engaged in the production or publication of newspapers or in news agencies; and to concern itself with developments such as concentration of or other aspects of ownership of newspapers and news agencies which may effect the independence of the press. An extremely healthy and unique feature of the Press Council of India is that it is one of few such bodies to have been set up under an Act of Parliament. Most parallel institutions or similar bodies in most countries of the world are voluntary organisations or have come into existence after the Press Council of India. Notwithstanding the fact that a substantial part of its funds is augmented by grant-in-aid from the government, it has full functional autonomy and independence from government control in the discharge of its statutory responsibilities.

Resume’ of the XIth Term of the Council (June, 2011 to June, 2014)

The Press Council is a statutory quasi-judicial autonomous authority mandated by the Parliament to preserve the freedom of the press and maintain and improve the standards of newspapers and the news agencies in India. Its XIth term

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comes to an end on 14.6.2014. During this term the Council has been chaired for a very short period by Hon’ble Mr. Justice G. N. Ray, (June 2011 - October 2011) and Hon’ble Mr. Justice Markandey Katju, (October 2011 - till date).

Section 5(4) of the Press Council Act, 1978 provides for re-constitution of the Council every three years. The eleventh three year term of the Council is to expire on June 14, 2014. A Gazette Notification notifying the associations for the 12th term had been issued on April 30, 2014.

Working of the Council (June 15, 2011 to June 14, 2014) The full Council held 14 sittings (including two special meetings) during

the XIth term to discuss matter having vital bearing on press freedom and its standards. The workload of the Council has increased tremendously due to setting up of a numerous Committees on wide range of activities to maintain the freedom of press.

The two Inquiry Committees, which are Standing Committees, presided over by the Chairman of the Council shouldered the larges quantum of the workload of the Council by holding inquiries in respect of the complaints received by the Council. During the tenure under review, the two Inquiry Committees held 30 sittings and made their recommendations to the Council for final adjudication.

During the period the Council received a total number of 4,397 complaints. The Council decided a total of 3,445 cases during XIth term of which 536 (Sec. 13-110 and Sec. 14-426) were adjudicated and the remaining 2,915 (Sec. 13-581 and Sec. 14-2334) were closed for the reasons of oral inquiry not being warranted.

Suo-motu ActionThe Council took suomotu cognizance of the incidents of violation against

media persons and threats to press freedom in the following cases:

l Regarding beating up and stoppage of media persons in discharging of their duties by the armed forces in Jammu & Kashmir.

l Inquiry initiated against the Government of Uttar Pradesh regarding arrest of Muzaffarnagar based journalist.

l Inquiry on the reported attack on the offices of “Kannada Prabha” and “Jayakirana” published by the “Hindustan Times” , “The Hindu” and “The Times of India” in their issues dated 3.3.2010.

l Alleged publication on Paid News during election in the grab of news action against the Hindustan, Hindi Daily, Patna; Hindustan; DainikJagran,

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Patna, Prabhat Khabar; Ranchi; Rashtriya Sahara, Patna; PrabhatKhabar, Ranchi; Rashtriya Sahara, Patna; Purvanchal Ki Raah, Siwan, Bihar; Dainik Aaj, Patna and Dainik Udyog Vuapaar Times, Aligarh, U.P.

l Killing of journalist in Raipur

In the course of these adjudications, the Council has developed several guiding principles towards building up the code of conduct for the media. Similar guiding principles have been drawn for the benefit of the authorities dealing with press. In its efforts to take justice to the doorstep, the Inquiry Committees of the Council held their sittings at Chennai, Lucknow, Pune, Chandigarh, Bhopal, Hyderabad and Varanasi, where the hearing into the cases of the region saved the litigants the travel to Delhi to mitigate their grievance.

During the XIth term of the Council apart from the adjudications given out on the basis of the recommendations of the Inquiry Committees, several other important matters were deliberated by the Council. The Council came out with studies and reports on important matters, which have a nexus with preservations of the freedom of the press and maintenance of its standards.

Reports of the Councill Report on Gujarat Electionl Report on Karnataka Electionl Report on Review of policy on Sectoral Caps of Foreign Direct Investment

(FDI) in print media. l Report on incident of Gang rape of photo journalist in Mumbail Report on “Indecent Representation of Women (Prohibition Amendment

Bill, 2011)l Report on “Private Treaties by Media Companies” (SEBI)l Report on the murder of Mr. Chandrika Rai, Journalist and his family

members in Umaria District, Madhya Pradeshl Report on Media in Biharl Report on the arrest of Shri Bhupen Nath, Correspondent of Niyamiya Barta

at Tezpur, Assaml Report on paid news. l Report on TRAI consultation paper on “Issues relating to Media

Ownership.”

Advisory FunctionIn its advisory capacity the Council provided the government and other

authorities with its views on various issues. Some of the important ones are as follows:-

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l Reference from Ministry of Law Justice, Department of Legal Affairs, Law Commission of India, Government of India, New Delhi on astrological advertisement.

l Reference from Dr. S.Y. Quraishi, Chief Election Commissioner of India, New Delhi for providing some concrete parameters to adjudge ‘Paid News’.

l Reference from Prof. K. V. Thomas, MoS, Consumer Affairs & Public Distributions regarding sensational Report on incidents of assault on public dignitaries by the media.

l Amendments to the Press Council Act, 1978 & Rules & Regulations made thereunder – NSCS Task Force on National Security System – Meeting on 23rd August 2012-Request for Comments.

l Private members’ Bill on the Prohibition or Telecast of Vulgar, Obscene and Surrogates Advertisements and Re-mix Songs by Print and Electronic Media Bill, 2012 by Dr. Mahendrasinh P. Chauhan, M.P.

l Reference from Ministry of Information and Broadcasting, regarding VIP reference received from Shri Dilip Gandhi, M.P. Lok Sabha regarding setting up of a regulatory body for press media.

l Reference from Ministry of Information & Broadcasting for comments on Forty Seventh Report of the Standing Committee on Information Technology on Paid News.

l Reference from Ministry of Information & Broadcasting regarding Foreign Direct Investment in Print Media.

l Reference from Ministry of Information & Broadcasting forwarding therewith a copy of extract of the Special Mention by Shri Tarun Vijay, M.P. on representation of SC/ST in Media and Arts.

l Reference from Ministry of Information & Broadcasting regarding representation of Shri M.V. Rupareila on National Policy on older persons, 1999.

Other Matters considered by the Councill Reference from Shri Anil Agarwal, Member, Press Council of India

regarding validity of newspapers l Decision of the Central Information Commission dated 19.9.2011 for

displaying on the Council’s website the report of on Paid News Syndrome. l Formation of SAARC Countries Joint Committee of Press Councilsl Order dated 20.10.2011 of the Election Commission of India disqualifying

an MLA arising out of an adjudication of PCI on Paid News Syndrome.

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l Complaint of Shri Kanan N. S., Madurai against Dinamalar regarding publication of huge advertisements contents instead of news contents.

l Amendments of the Press Council (Delegation of Financial Power) Regulations, 1983.

l Proposal for financial autonomy of Press Council of India. l Visit of Press Freedom Commission of South Africa delegation on research

mission to India on 23.11.2011.l High Court of Allahabad Lucknow Bench order dated 10.4.2012 banning

reporting on troop movement. l Proposed amendments to Press & Registration of Books Act, 1867.l Visit of Delegation from Latin America on April 17, 2012 and the media

persons from Burma on 24.4.2012.l Guidelines for protection of Child Rights drawn up on direction of Hon’ble

Delhi High Court. l Report on the visit of Myanmar Media Delegation to Press Council of India

on June 29, 2012.l Confederation of media regulatory bodies of SAARC. l Objectionable Advertisement in Sunday Times of August 26, 2012.l Framing Guidelines for reporting of news concerning welfare of persons

with disabilities-reg.l Reference form National Union of Journalists & Delhi Journalists

Association regarding free press and protection of working journalists and establishment of Media Council.

l Challenging the categorization of newspapers by DAVP. l Press Note issued by Hon’ble Chairman, PCI regarding non-issuance of

advertisement to newspapers by Central/State Governments. l Definition of Paid News to be added in the Press and Registration of Books

Act, 1867. l Issue raised by Members concerning Shri TarunTejpal and killing of

journalist in Chhattisgarh etc.l Hon’ble Supreme Court judgment regarding editor being responsible for

every news item. l Leveson Report for consideration of the Council. l Proposal to review to Policy Decision disallowing Foreign News Agencies

to open Los/Bos in India. l Constitution of Inter-Ministerial Monitoring Committee on the issue of

misleading advertising.

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Matter directly taken up by the Hon’ble Chairman in the matter falling within the mandate of the Press Council:

1. The Hon’ble Chairman wrote a letter dated 11.10.2011 to the Hon’ble Prime Minister to give more power to the Press Council by amending the Press Council Act, 1978 for more effective function of its duty and also for inclusion of the electronic media under the purview of the Act.

2 The Hon’ble Chairman wrote a letter dated 24.11.2011 to the Cabinet Secretary and the Secretary, Information & Broadcasting, Government of India for prompt payment to the newspapers/journals for government advertisements and notices.

3. The Hon’ble Chairman wrote a letter dated 1.12.2011 to the Chief Minister of Jammu & Kashmir on assault on some Kashmiri Journalists in Srinagar.

4. The Hon’ble Chairman wrote a letter dated 26.12.2011 to the Chief Minister of Maharashtra for assault on journalists.

5. The Hon’ble Chairman wrote a letter dated 18.1.2012 to the Government of Chhattisgarh and dated 17.2.2011 to the Government of Uttar Pradesh for harassment of journalist.

6. Press Release dated 3.2.2011 was issued with copy endorsed to all the Chief Ministers, Chief Secretaries, Secretaries of Information Departments and Union Minister of Information & Broadcasting along with Press Organizations on the freedom of the press being imperilled by - (a) physical assault on journalist media

Interaction With World Press BodiesThe Council interacts with press/media Councils and similar bodies in

different parts of the world for active encouragement to preservation of the press freedom and promotion of its standards and ethics worldwide. As a part of these efforts, the Chairman of the Council attended News World Summit 2012 from May 30-June 1, 2012 at Paris organized by Global Editors Network (GEN).

The Chairman (Hon’ble Justice G.N. Ray) of the Council, in his capacity as President of World Association of Press Councils, an umbrella organization of Press Councils and similar bodies in different parts of the world committed to championing the cause of free speech and freedom of responsible press organized two day International Colloquium India on “Freedom of Expression and Human Rights” on April 28-29, 2011, New Delhi. The Colloquium Report called: Delhi Declaration was drawn up consequently.

Press Freedom Commission of South Africa delegation visited on a research mission to India on 23.11.2011.

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National Press Day Celebrations The National Press Day, 2011 seminar on “Media as an Instrument of

Public Accountability.”

The National Press Day, 2012 seminar on “Freedom of the Media” and also instituted National Awards for Excellence in Journalism in print media in various fields.

The National Press Day, 2013 seminar on “The Role of the Media in Serving the Public Interest” and also instituted National Awards for Excellence in Journalism in print media in various fields.

The Council successfully published its quarterly house journals in Hindi and English that chronicle the activities/important developments of the press world and decided to go online for several journals during the tag end of its term.

Press Registration and Appellate Board (PRAB)The Press Council of India has been entusted by the Parliament with the

additional responsibility of functioning as appellate Authority under Section 8(c) under the Press and Registration Books Act, 1867 and the Appellate Board comprises of the Chairman of the Council and a member of the Council. The Board held 8 sittings between June 2011 to June, 2014 and dealt with 24 Appeals and disposed of 13 appeals. The Board also allowed one and dismissed 3 review petitions.

Propagation of Official LanguageThe adjudications and other pronouncements of the Council were recorded

in bilingual form and brought in public domain.

Working of the Council April 1, 2014 to March 31, 2015

Reconstitution of the Press Council of India for XIIth TermThe Press Council Act, 1978 provides for re-constitution of the Council

every three years. The XIth three-year term of the Council ended on June 14, 2014.

Following the due prescribed process, the Council finalized in its meeting held on 23.4.2014 the names of the associations to be recognized. A notification was thereafter issued on the official Gazette on 30.4.2014 notifying the associations

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and news agencies for the purpose of filling panels of names for nominating members on the Council (Annexure - B).

In pursuance of Press Council (Procedure for Nomination of Members) Rules, 1978 the names of 20 members elected as representatives of the press from among the panels filed by the notified associations/news agencies were communicated to the Ministry of Information and Broadcasting for being notified in the Gazette along with the remaining eight names of the members from the categories (d) and (e) specified in the Act. The Press Council was reconstituted for its 12th three year term w.e.f October 10, 2014 vide Gazette Notification dated 10.10.2014. (Annexure - C) Shri Rajiv Pratap Ruddy nominated by the Speaker Lok Sabha under Section 5(3) (e) of the Press Council Act 1978 tendered his resignation on 10.12.2014

Selection of the Press Council’s Nominee to Nominate the ChairmanAs per the provision of the Press Council Act, 1978 the nomination of

the Chairman is made by a Committee comprising of the Chairman of the Rajya Sabha, the Speaker of the Lok Sabha and a member from amongst the members of the Press Council. The Council met at New Delhi on October 27, 2014 to select a nominee of the Council on the nominating Committee for the selection of the Chairman. The Press Council members unanimously elected Mr. S. N. Sinha to be their nominee on the Committee for the purpose. His name was forwarded to the Chairman of Rajya Sabha as per the requirement of the rules prescribed in this behalf.

New ChairmanThe term of the incumbent Chairman, Mr. Justice Markandey Katju

concluded on October 4, 2014. Justice Katju, however, continued to chair the Council till November 24, 2014 under the proviso to Section 6(1) of the Act when the Central Government notified the nomination of Mr. Justice Chandramauli Kumar Prasad, former judge of the Supreme Court as Chairman for a three year term w.e.f. November 25, 2014. The Government of India vide Gazette notification dated 25th November, 2014 notified the nomination of Hon’ble Justice Shri Chandramauli Kumar Prasad, a former Judge of the Supreme Court of India, as Chairman, Press Council of India (Annexure - D).

Meetings of Council and its CommitteesThe Council carries out its statutory obligations as set out in Section 8(1)

of Press Council Act, 1978 which says:- “For the purpose of performing its functions under this Act, the Council may constitute from among its members,

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such Committees for general or special purposes as it may deem necessary and every Committee so constituted shall perform such functions as are assigned to it by the Council”.

Pursuant to Section 8 (1) of the Press Council Act, 1978 the Council for the purpose of performing its functions under the Act, constitutes from among its members, Committees for general and specific purpose from time to time keeping in view the requirements of the tasks assigned.

Generally all Committees i.e. Standing Committees and ad-hoc Committees are headed by the Chairman of the Council, though at times Sub-Committees are constituted under convenorship of one of its members. The Committees of the Council, especially the two Inquiry Committees, bear large quantum of work load. The composition of the two Inquiry Committees of the Council in the year under review is as follows. The composition of the two Inquiry Committees in the year under review stood as under:

Inquiry Committee - I

1. Shri Ramesh Gupta2. Shri Uttam Chandra Sharma3. Shri Prakash Dubey, 4. Shri Prabhat Kumar Dash5. Shri Rajeev Ranjan Nag6. Shri S. N. Sinha7. Shri Prajnananda Chaudhuri8. Shri Ravindra Kumar9. Shri Kundan Raman Lal Vyas10. Shri Keshav Dutt Chandola11. Shri Pankaj Vohra12. Dr. K.Sreenivasarao13. Shri Prabhat Jha, M.P.14. Shri Rajeev Pratap Rudy, M.P. *

Inquiry Committee - II

1. Shri Bipin Newar2. Dr. Suman Gupta3. Shri Krishna Prasad4. Shri Kosuri Amarnath5. Shri C.K. Nayak6. Shri Sondeep Shankar7. Shri Hormusji N. Cama8. Shri Gurinder Singh9. Shri Vijay Kumar Chopra10. Shri G. Sudhakar Nair11. Shri Ramchander Rao N12. Smt. Meenakshi Lekhi, M.P.13. Shri G. Hari, M.P.14. Shri Satyavrat Chaturvedi,

M.P.

The Committees, presided over by the Chairman of the Council, shouldered the major quantum of the workload of the Council by initiating

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inquiries in respect of the complaints received by the Council. The proceedings of the Inquiry Committees were open to the general public. The parties to the cases were required to adduce relevant evidence, oral or documentary and are also allowed to be represented by lawyers/authorized representative. In the 08 meetings held during the financial year., the committees considered a total of 78 matters and made recommendations to the Council for final adjudication of the said matter. Three matters were directly adjudicated by the Council.

Reports of the Council1. Report on Model Accreditation/Advertisement Rules - 2014 has been

adopted by the Council on 2.6.2014 and covered in Chapter-IV of this report.

2. Report on acid on Media Person and his family members in Prabani, Maharashtra. The report has been adopted by the Council on 2.6.2014 and covered in Chapter-V of this report.

3. Report on threats to the Media Person in Telangana, Warangal City. The report has been adopted by the Council on 27.10.2014 and covered in Chapter-VI.

4. Report on attacks on Media Person by the Police at Barwala, Hissar, Haryana. The report has been adopted by the Council on 19.12.2014 and covered in Chapter-VII.

5. Report on attack on Media during violence in Faizabad. The report has been adopted by the Council on 13.3.2015 and covered in Chapter-VIII.

The important Sub-Committees and Fact Finding Team which functioned during the period under review

1. Sub-Committee to probe prevention of Reporters of Sakshi Daily and Namaste Telangana newspapers from attending the official press conferences of the Chief Minister of Andhra Pradesh at Hyderabad.

2. Sub-Committee to examine the issue of Advertisement. 3. Sub-Committee to examine the issue of Accreditation.4. Fact Finding Team to probe killing of Shri MNV Shankar, part time

correspondent of Andhra Prabha Daily and assault on Shri G. Stephen Babu, Editor, Crime Today, Andhra Pradesh in separate attacks by unknown assailants in November 2014 and January, 2015 respectively.

5. Sub-Committee to examine the report on interlocutors on J&K. 6. Sub-Committee on Safety of Journalists.

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7. Sub-Committee concerning activities, functioning and title related review of RNI.

8. Sub-Committee on problems of District level Accreditation in Goa.

9. Sub-Committee to examine the issue of Small & Medium Newspapers from the financial angle vis-à-vis the setting up of small and medium newspapers development financial corporation.

Advisory Function In its advisory capacity the Council provided the Government and other

authorities with its views on variety of issues, some of the important were as follows:

(i) For 194th Session of USESCO’s Executive Board held from April 2-14, 2014:- Status of journalist killed in time of duty.

(2) National Review in context of the implementation of the Beijing Declaration and Platform for Action- regarding Women Centric Media Strategic objective.

(3) Communication from Law Commission of India, regarding Paper on Media Law.

The Chairman, Law Commission of India, forwarded to the Council a Consultation Paper raising several issues on Media Law. Responses centred around:-

i) Setting up of third Press Commission and formation of Statutory Regulator.

ii) Creation of a common authority/setting up of a Media Council. iii) Amendment of the Representation of People Act, 1951 to make incidence

of paid news a punishable electoral malpractice.iv) Empowerment of the Press Council through amendment of the Press

Council Act.v) Regulation of Opinion polls through Print/Electronic media and now social

media (4) Special Mention by Shri Basawaraj Patil, MP regarding “Demand for

making a Concrete Policy for reporting crimes against Women by the newspapers and other media in the country” vis a vis media functioning in the state

(5) Communication for advise for Government of Jammu & Kashmir regarding recommendations of the Report of Interlocutors on Jammu & Kashmir vis a vis media functioning in the State.

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(6) Communication from Government of India forwarding therewith OM of M/o Minority Affairs regarding Action Taken Memorandum on recommendation on reporting of ministry matter contained in the Annual Report of the Commission for Minorities for the period 2013-14

(7) Communication from National Human Rights Commission regarding implementation of Universal Periodic Review (UPR)’s recommendations relating to safe working environment for journalists.

(8) Communication from Ministry of Information & Broadcasting regarding Telecast/News Reporting regarding BBC Documentary Film “India’s Daughter”

The Council took note of the communication from the Government of India dated 4.3.2015 calling upon the Council to issue an advisory to the print media to respect the orders of the Chief Metropolitan Magistrate, Delhi, restraining telecast of the documentary in any form. The Council noted that Hon’ble Chairman on consideration of the matter had recorded:

“While all including the media, whether print or electronic, are bound by the directions of a Court of Competent Jurisdiction, any advisory of the nature sought to be issued by the Press Council of India, shall have far reaching consequences on the freedom of the press. Hence, the communication be placed before the Council for its consideration in the meeting to be held on March 13, 2015.”

The Council welcomed the decision of Hon’ble Chairman not to issue any advisory on the matter.

Having discussed the matter the Council resolved:

“That while the media is bound by direction of a Court of Competent Jurisdiction, the Council is of the considered view that coming to a conclusion on the suitability of a publication or film before it is read or viewed tantamount to pre-censorship and must be eschewed”

Complaints before the CouncilDuring the year under review, total of 1249 complaints were instituted

in the Council. Of these, 199 complaints were by the Press against authorities of the Government for violation of press freedom and 1050 complaints were directed against the press for breach of journalistic ethics. With matters pending from the last year, there were a total of 2191 matters for disposal by the Council. Of these, 930 matters were disposed of during the year, either by way of adjudication or through summary disposal by the Chairman on account

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of settlement by the mediation of the Chairman or due to lack of sufficient grounds for holding inquiries or non-pursuance; withdrawal or on account of matters having become sub-judice. Out of these matters three (03) matters were directly placed before the Council for adjudication. In all 1261 matters were being processed at the close of the year. A detailed statement of the institution and disposal of complaints is at Annexure A.

Press and Registration Appellate Board

Section 8C of the Press and Registration of Books Act, 1867 entrusts to the Press Council of India, the Appellate Jurisdiction over the Magisterial Orders of non-authentication of a Declaration under Section 6 or its subsequent cancellation under Section 8B of the said Act. The Board consists of a Chairman and another member to be nominated by the Press Council of India from among its members. The Board headed by Chairman, Press Council of India has become functional on reconstitution of the Press Council on 10.10.2014 with Shri K.D. Chandola and Shri Ramesh Gupta as Members of the two benches. Details of Appeals at Annexure N.

National Press Day 2014The National Press Day celebrations this year centered on “Transparency

in Public Affairs: The Role of the Press”. The celebrations were inaugurated by Hon’ble Mr. Justice M N Venkatachaliah, former Chief Justice of India. Hon’ble Mr. Prakash Javadekar, Minister of State (I/C) for Environment & Forests and Climate Change along with Col. Rajyavardhan Singh Rathore, Hon’ble Minister of State, Information and Broadcasting graced the occasion as Guests of Honour. The National Awards for Excellence in Journalism were also conferred on the Day in various segments out of the article received from all over the country. To mark the occasion, a Souvenir on the subject was released by Col. Rajyavardhan Singh Rathore, Hon’ble Minister of State, Information and Broadcasting.

Interaction with World Press Bodies A memorandum of Understanding has been signed between Press Council

of India and Nepal Press Council on September 22, 2014 at Kathmandu in Nepal on the occasion of 45th Anniversary of Nepal Press Council, during the visit to Nepal of Hon’ble Chairman, Press Council of India for the purpose to cooperate in activities promoting peace journalism. The Press Council in its meeting on

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27.10.2014 further decided to pursue international interaction with Press Councils and similar bodies worldwide to promote journalistic ethics and freedom.

Official Language – Celebration of Hindi DiwasThe office of the PCI has been notified under Section 10(4) of the Official

Language Rules, 1976 (as amended, 1987) for achieving a target of 80% working knowledge of Hindi.

Propagating Hindi in its official use, the staff of PCI is encouraged to work in Hindi and for this, quarterly meetings of the Official Language Implementation Committee as also quarterly workshops on official language are conducted to benefit them. Apart from this, regular training to officials is given under Hindi Teaching Scheme such as Hindi typing, Pragya, Praveen, Prabodh, basic training programme for using Hindi on computers.

Observing Hindi Pakhwada (Hindi fortnight) during September 12- 26, 2014, the Hindi Diwas celebrations was held on September 26, 2014 in the Secretariat. On this occasion, a documentary film, “Hind ki Vani” was shown to the staff. To mark the occasion, Hon’ble Chairman Mr. Justice Markandey Katju and other Senior Officers of the Council delivered messages and expressed views to promote use of Hindi in the Council. During the function, employees of the Press Council of India were awarded with prizes and certificates under “Hindi Protsahan Yojna” for their contribution in promoting use of Hindi language in the office and certificates were also given to the employees for their performance in Hindi typing and Hindi Shikshan Yojna. Besides publication of Varshik report (Hindi), the adjudications and other pronouncements of the Council were recorded in bilingual form and brought in public domain.

Transparency MechanismThe Secretary of the Press Council of India is the Chief Vigilance Officer

of the office. The vigilance set up of the Council consisting of Deputy Secretary, Under Secretary (Admn.) and Section Officer (Admn.) functioned under the direct supervision of the Secretary (CVO) and Chairman of the Council. It conducted regular and surprise checks to prevent/combat any corruption practices in the Secretariat.

The grievance redressal mechanism is in place at the internal and external level which comprises of Director of Grievances being the Secretary, PCI. Such general aggrieved public, who desires to meet the Director of Grievance in connection with their grievances, may do so on all Wednesdays between 4.00

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p.m. and 5.00 p.m. in the office. The staff related grievances are attended to by the Staff Grievance Officer of the Council being the Deputy Secretary.

The Citizen’s Charter of the Council containing all the necessary details of the organization is available in the official website of the Council. Timely reviews/internal and external evaluation shall be undertaken by the Council for feedback in the level of satisfaction among citizen’s/ client’s.

Nine applications under RTI, Act, 2015 has been received and Eight disposed off from April, 2014 to March, 2015.

Reservation policy of Government of India for SC/ST/OBC/PH etc. is implemented in the Secretariat of the Council.

Other Activities

This year ten officials of the Press Council of India took participate in All India Inter Media Badminton Tournament, 2015 organised by Badminton Club of the Ministry of Information and Broadcasting during 24th to 27th March, 2015 at Indira Gandhi International Indoor Stadium, New Delhi. Mrs. Isha Garg, Assistant obtained 1st position in Women’s Singles and Mrs. Kavita Dhingra, Stenographer ‘D’ & Ms. Monika Sharma, LDC obtained 3rd position in Women’s Doubles in the tournament. Other participants were given participation Certificates.

Levy of Fee The Press Council of India in its 12th term constituted a Finance Committee

with Shri Ravinder Kumar (Convenor) and S/Shri S N Sinha, C K Nayak, Krishna Prasad, Sondeep Shankar and Prajananda Chaudhuri as its members to take steps for realization of arrears of levy on priority basis and authorize to explore the possibility of enhance of rates of levy last revised in the year 1988. In this finance year (2014-15), the Finance Committee held its three sittings and is of the view that a holistic approach is necessary by taking up the matter with the Ministry of Information and Broadcasting. The Committee further observed that it is pointless to raise bills on defunct newspapers and feels that if such newspapers continue enjoy Government advertisement support without meeting their obligations under the Press Council, their presence compromises the freedom and finance viability of extant newspapers, who to that extent are deprived of advertisement/accreditation.

The Finance Committee further decided that to realize the arrears and the revision of rates of fee levied on newspapers should be immediately taken up

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since the Comptroller of Auditor General has also mentioned mounting arrears and stressed the urgency of immediate steps to arrest the increase of arrears.

Right to InformationThe Press Council of India has taken all due cases to comply with the

provision of the RTI and Grievances Mechanism.

Resignation of MembersDuring the reviewed year Shri Rajeev Pratap Ruddy, M.P. (Lok Sabha) who

was nominated as member of the for its 12th term under Section 5(3)(e) of the Press Council Act, 1978 vide Gazette Notification dated October 10, 2014 tendered his resignation on December 10th 2014 owing to other engagements.

State of the Press - IndiaGiven below are a collection of reports that cover important developments

in the Indian Press during the year 2014-2015.

The Election Commission (EC) virtually banned national opinion polls and asked the media not to show exit polls under the garb of opinion polls as it “disturbs” the electoral level playing field. The EC told the media not to show or publish opinion polls for constituencies that have voted but allowed it to do so for seats that haven’t voted yet. Without naming six news channels including NDTV that showed opinion polls EC said the dissemination of result of opinion polls becomes dissemination of exit polls in respect of constituencies where the polls have happened. This, the EC, said was violation of Section 126A of the Representation of the People (RP) Act that prohibits publication and dissemination of exit polls. (The Hindustan Times, New Delhi dated April 17, 2014)

The NDA government will uphold the freedom of the press, which is the “essence of democracy”, information and broadcasting minister Prakash Javadekr said as he took charge of his ministry. “The media has experimented with self-regulation in the past and it knows its responsibility. The government does not wish to impose any kind of regulation on it,” Javadekar said. “We believe that press freedom is the essence of democracy. And to make democracy a success, we require this press freedom because it gives people the choice in a rainbow of differing opinions,” he added. (Hindustan Times, New Delhi dated May 28, 2014)

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In a consumer friendly move, broadcast regulator Trai directed cable operators to send bills to subscribers, while providing facilities for online payment and acknowledgment following reports of unsatisfactory compliance of its directives. The directions are applicable in areas where digitization’s has been implemented. (The Times of India, New Delhi dated May 29, 2014)

The telecom and broadcast regulator will soon issue guidelines on how the extent of politicians’ links with some media houses could be toned down, as well as measures that should be taken to create a firewall between corporate investment in media and their editorial departments. The guidelines will also include the issue of paid news. These are part of the recommendations on cross holdings in media that the Telecom Regulatory Authority of India (TRAI) will send to the Ministry of Information and Broadcasting. (The Indian Express, New Delhi dated August 1, 2014)

The NDA government has tried its guns on fraudulent advertisers, including sponsors of paid-for-content, on broadcast networks. It has, however, taken a circuitous route to rein in the offenders. Instead of rubbing the channels the wrong way and to avoid hullabaloo about freedom of expression, the government has roped in advertising watchdog the Advertising Standards Council of India (ASCI) to do its bidding. According to sources, the government is contemplating setting up an inter-ministerial committee that will work closely with the ASCI to keep a tab on mischievous ads and take stricter action against offenders beyond ASCI’s current practice of getting them off air. (The Indian Express, New Delhi dated August 12, 2014)

Prasar Bharti Chief Executive Officer Jawahar Sircar has once again written to the Information and Broadcasting Ministry protesting that the public broadcaster has little say in its own functioning and saying it could be held responsible for its actions only if it monitors the news division. The latest missive was sent on August 8 as word spread that Doordarshan News Director-General S.M.Khan was being placed on “compulsory wait.” In his letter, Mr. Sircar drew attention to several representations received from the directors-general of News of Akashvani and Doordarshan “after the last round of transfers that was done recently without the minimum modicum of consultation with the news units working in Prasar Bharati.” According to Mr. Sircar, his suggestions on posting and transfer of Indian Information Service (IIS) officers in the news divisions of Akashvani and Doordarshan have been ignored. (The Hindu, New Delhi dated August 12, 2014)

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The Telecom Regulatory Authority of India (TRAI) wants political parties, religious bodies and government-funded entities and affiliates to be kept out of the broadcasting and television channel distribution sectors. The TRAI has also proposed an appropriate exit route for many such entities that have already secured a foothold in these sectors. In its latest recommendations on media ownership released the TRAI called for legislation to regulate the participation of such entities in media and stressed that they be disqualified by an executive order till such a law is in place. Acknowledging the use of surrogates by some of these entities to gain ownership of the media, the TRAI said even this should be barred. (The Hindu, New Delhi dated August 13, 2014)

The telecom and broadcasting sector authority has said investment by the corporate sector in media houses should be restricted to ensure editorial independence of the press. “On grounds of inherent conflict of interest, ownership restrictions on corporates entering the media should be seriously considered by the government and the regulator,” the Telecom Regulatory Authority of India has noted in its recommendations on “issues relating to media ownership”. The recommendations made a frank assessment of the risks faced by the Indian news media in print and television but conclude that those can only be tackled through self-regulation instead of through government control.

l Ownership defined in terms of a holding of at least 20% of total share capital

l Control defined in terms of having not less than 50% of voting rights, appointing more than 50% of the members of the board

l A single independent media regulatory authority comprising predominantly of eminent non-media persons for TV and print media to check “paid news”, private treaties” and issues related to “editorial independence’ (The Indian Express, New Delhi dated August 13, 2014)

The Trai recommended that community radio stations be allowed to broadcast news and current affairs sourced from All India Radio. The move is likely to bring cheer to community radio operators who have been demanding the move for some time now. Among the recommendations made by Trai to the I&B ministry include that licence period remain for a period of 5 years with the possibility of a five-year extension. The regulator has also asked the ministry to establish an online single window system that will re-engineer and integrate the entire process from the stage of filing application with ministry, grant of the Wireless Operating Licence by WPC and signing of the agreement. (The Times of India, New Delhi dated August 23, 2014)

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Advertising Standards Council of India (ASCI) has reported to the Medical Council of India (MCI) a list of doctors resorting to advertisements in newspapers and on television, and also making misleading, false and unsubstantiated claims. The MCI has directed ASCI to get the details of the offending doctors from the Indian Medical Registry and has also instructed state medical councils (SMC) to further investigate and take action against doctors within six months. (The Times of India, New Delhi dated September 21, 2014)

Goa Chief Minister, Manohar Parrikar suggested that the media should be kept away from any decision-making process because it creates confusion among people. Speaking at the ‘Knowledge Connect’ project organized by the Confederation of India Industries (CII) and its co-partner ‘Panaji First’; Parrikar advised the organizers to keep the decision-making processes out of media glare, claiming that, “the media distorts facts and creates misunderstanding among people”. He criticized the media for critiquing some decisions without understanding or contextualizing the ground realities. (The Times of India, New Delhi dated September 22, 2014)

The information and broadcasting ministry has written to all the Union ministries and departments to give all breaking new- relating to government decisions and policy initiatives – only to the state-owned All India Radio (AIR) and national broadcaster Doordarshan (DD) before private TV channels and new agencies. “Anyimportant announcements regarding government decisions and policy initiatives may be given to News Services Division of AIR/DD News in advance of private news channels and agencies. (The Hindustan Times, New Delhi dated September 22, 2014)

The Editors Guild of India asked the NDA government to “enlarge access and engage more actively” with journalists. A statement issued by the Guild said that a “top-down, one-way interaction in a country with limited internet connectivity and technological awareness cannot be the only answer for large masses of readers, viewers, surfers and listeners. Debate, dialogue and discussion are the essential ingredients of a democratic discourse.” “By delaying the establishment of a media inter-face in the Prime Minister’s Office, in restricting access to ministers and bureaucrats in offices and in reducing the flow of information at home and abroad, the government in its early days seems to be on a path that runs counter to the norms of democratic discourse and accountability,” it said. (The Times of India, New Delhi dated September 24, 2014)

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Contempt of court, defamation, trial by media, privacy and paid news are some of the issues to be discussed threadbare at a consultation on media law organized by the Law Commission. Top media personalities, legal luminaries and other important stakeholders will take part in the consultation. The consultation is aimed at soliciting the views of various stakeholders from the industry and the government before the Commission comes out with its report on issues of media law. Self-regulation versus statutory regulation, exit polls and social media will also be discussed in detail (The Hindustan Times, New Delhi dated September 24, 2014)

Media Round UpVeteran photojournalist Ramesh Chandra Pande passed away. He was

87.In a career spanning nearly five decades, Mr. Pande, who worked with UPI, Reuters, UNI and Manorama, extensively covered the 1965 India-Pakistan war, coronation of Iran’s former ruler Mohammad Reza Pahlavi in 1967, The Beatles’ visit to Rishikesh, United States President Richard Nixon’s 1969 State visit to India, the 1971 Bangladesh war, the Emergency years, Sanjay Gandhi’s death in a plane crash in 1980 and Operation Blue Star in 1983. (Hindu, New Delhi dated April 18, 2014)

Senior journalist and writer Shri Shiv Kumar Goel, died at his residence he was 75 and ailing for a week. (Jansatta, New Delhi dated April 30, 2014)

Veteran journalist Padma Bhushan Balraj Puri passed away after prolonged illness at a Government Medical College. He was 86. He is survived by his wife, daughter and journalist son Luv Puri. (The Hindu, New Delhi dated August 31, 2014)

Hindustan Times and its sister publication, mint bagged honours at the Ramnath Goenka excellence in journalism awards. H.T’s Kunal Purohit won the Prakash Kardaly memorial award for civic reporting 2012 for his reportage in Mumbai highlighting how thousands of “errors” had been made in marking the current use of land tracts as a part of the city development plan. HT’s sister publication Mint also bagged several awards with Anil Padmanabhan and Cordelia Jenkins winning the Uncovering Indian Invisible Award for 2011, Dinesh Unnikrishan for Business and Economic Journalism for his reportage on micro finance for 2011, and Niranjan Rajadhaksha for commentary and interactive writing on the economy for 2012. (Hindustan Times, New Delhi dated September 10, 2014)

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Times of India legendary Indian cartoonist RK Laxman died in hospital at Pune at the age of 94 following multiple-organ failure. His daily cartoon “You said it” had appeared on the front page of The Times of India for more than 50 years. He was best known for his iconic “Common Man” character, an eight-foot-tall bronze statue of which was unveiled in Pune in December 2001. His daily cartoon was also known for lampooning political leaders, sparing no-one, NDTV reported. One of those caricatured by Laxman, former Prime Minister Jawaharlal Nehru, surprised the cartoonist by ringing him up, not to complain, but to request a signed copy of the cartoon to frame. In 2005, the government honoured Laxman with the Indian civilian award Padma Vibhushan. (On line addition Times of India, New Delhi dated January 26, 2015)

Photojournalist Krishna Murari Kishan, who had won praise for communal riots coverage in Jamshedpur in 1978 and in Bhagalpur in 1989, died at a private hospital after suffering multi-organ failure, family sources said here. Kishan breathed his last at a New Delhi hospital. (The Indian Express, New Delhi dated February 3, 2015)

Senior journalist Diptosh Majumdar passed away at a private hospital in New Delhi. He was 55. Majumdar, who was national affairs editor at NewsX, was diagnosed with a type of blood cancer just 15 days ago. Majumdar was earlier with The Telegraph at its Calcutta and New Delhi bureaus. He was also the national affairs editor at CNN-INB. (The Telegraph, Calcutta dated February 9, 2015)

Veteran journalist and cartoonist, Rajinder Puri, passed away on February 16, 2015. The 80-year-old Puri, who was ailing for some time, had been associated with The Statesman for nearly six decades. (The Statesman, New Delhi dated February 17, 2015)

The plan of the Telangana Government to ban the entry of journalists in the State Secretariat in Hyderabad, has stirred up the hornet’s next. As the Telangana Government has restricted the entry of journalists into the Secretariat, media personnel staged a protest demonstration in front of the Telangana Chief Minister’s office in the Secretariat. A delegation of journalists both from the print and electronic media met the State Government’s adviser on cultural affairs, KV Ramana Chary. They submitted a memorandum to him demanding that the media should continue to have a free access to the Secretariat. (The Pioneer, New Delhi dated February 21, 2015)

Organizers of the prestigious World Press Photo awards have revoked a major prize after the entry, which portrayed the gritty Belgian industrial town

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Charleroi, was accused of being staged in a deepening debate over manipulation of images. World Press Photo (WPP) said in a statement that the Contemporary Issue World Press Award 2015 granted to Giovanni Troilo for his series had been withdrawn over “misleading information”. “The story was not in compliance with the entry rules and therefore the award must be revoked,” the statement said, explaining they had discovered that one of shots was actually taken in Brussels. World Press Photo said the 2015 award granted to Giovanni Troilo for his series The Dark Heart of Europe had been withdrawn (The Asian Age, New Delhi dated March 3, 2015)

Shri Vinod Mehta passed away on March 8, 2015. With his death after a long illness, an era in journalism came to an end. Vinod Mehta came to journalism from the world of advertising. In his early years in Mumbai, when he launched Debonair, everyone was fair game. But when he moved to newspaper journalism with The Indian Post first and then to The Independent and finally The Pioneer, he gradually learnt over the years, to his cost, that newspaper proprietors were not always willing to risk hurting the fragile egos of politicians. But till the end, he never quite lost his irreverence. (The Hindu, New Delhi dated March 9, 2015)

AttackThe News Broadcasters Association (NBA) condemned the attack on

journalists and cameramen belonging to Headlines Today and Times Now channels in Chennai when they were covering the news of M K Stalin’s alleged resignation from his party post. (The Statesman, New Delhi dated May 20, 2014)

Journalist fraternity of Assam demonstrated their angers against the government for arresting a TV journalist with the suspects of ‘maintaining close and unethical links with a banned armed outfit. Media persons under various forums in Assam urged the police to release Jaikhlong Brahma, a Kokrajhar based journalist of News Live channel. Police claim Brahma has been providing information about security movement in counter-insurgency operation to NDFB militants. Police seized Brahma’s laptop and two cell phones from his Kokrajhar residence. (The Statesman, New Delhi dated September 5, 2014)

The Committee to Protect Journalists (CPJ) has expressed concern over the detention of Mr Jaikhlong Brahma, a Kokrajhar-based television journalist, who was arrested by the Assam police on 2 September for ‘objectionable links with armed militants’ and presently in judicial custody till 16 September. One more television journalist (Rinoy Basumatary) from Kokrajhar in western Assam,

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who works for another Guwahati based satellite channel News Time Assam, was also facing an arrest warrant by the state police for the same allegations. (The Statesman, New Delhi dated September 10, 2014)

Telangana CM K Chandrasekhar Rao’s threats to media met with a volley of criticism from I&B minister Prakash Javadekar, Press Council of India and industry bodies which objected to the language and the threat to freedom of speech. Speaking in Hyderabad, Javadekar said that ‘dadagiri’ should be used for development work instead of threatening media. (The Times of India, New Delhi dated September 12, 2014)

Telangana Chief Minister K Chandrashekhar Rao’s offensive remarks of breaking the neck and burying the media ten feet under the earth has outraged the national media. Editors’ guild has raised a strong objection against the media groups’ ban in Telangana and alleged that his stand against the media is undemocratic and unethical. The president of Editors’ Guild of Indi, N Ravi has faulted KCR’s move. Chairman Press Council of India Justice Markandey Katju has also hit out at Telangana Chief Minister saying that KCR’s statement was improper and unacceptable.” This statement of a Chief Minister is, in my opinion, highly improper, highly objectionable and totally unacceptable in a democracy, particularly since it is coming from a person holding a high constitutional office,” said Katju. Describing the remarks of Telangana CM a direct attack on right to freedom of speech and expression, News Broadcasters Association said it was shocked at the threats made. (The Pioneer, New Delhi dated September 12, 2014)

Journalists in various parts of Assam today demonstrated against police atrocities on a woman television reporter in a city police station recently. Many of them were arrested when they tried to stage a protest in front of Assam Secretariat. Meanwhile, Assam Chief Minister Mr. TarunGogoi ordered a probe into the incident and asked additional chief secretary Rajiv Bora to “inquire into the matter leading to the alleged misbehavior with the scribe and submit report within one month.” (The Statesman, New Delhi dated February 3, 2015)

Court CasesThe Delhi High Court refused to grant industrialist and lawmaker Naveen

Jindal’s plea for a blanket order restraining Zee TV from airing news reports which were allegedly defamatory in their content. Justice V.K. Shali said Jindal and his company Jindal Steel and Power Limited (JSPL) “have not been able to satisfy that they have got a prima facie good case” and disposed of their plea. The

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Court, however, directed Zee to follow the guidelines of the News Broadcasting Standards Authority (NBSA) as per which they would be required to obtain the views of Jindal and JSPL in case they intend to televise any programme pertaining to him or his companies. “The publications may be inaccurate, not fully or substantially true or may be distorted or may be offending sensibilities of the person against whom such allegations are made but that is not to be the ground to muzzle them altogether. (The Tribune, Chandigarh dated April 2, 2014)

In a ruling that could push journalists and others conducting sting operations to tread with caution, the Supreme Court said those behind such operations could not get blanket immunity from criminal prosecution if their actions show that they had prima facie committed a crime. Their acts shall not stand obliterated only by a clamor that what they did was in the larger public good, it held. The ruling by a bench led by Chief Justice P Sathasivam is considered significant as there is no law to regulate sting operations in the country. The verdict has a direct bearing on cases where monetary allurement or other favours are offered to “expose” a person. The court dealt with questions whether the person conducting the sting should be held liable for a crime which is inseparable from the entire process, or should be exonerated since the act aimed to expose the main offender in a serious crime harmful to public interest. The court also considered the question whether the initial crime by the person conducting the sting should be understood to be without any criminal intent, and only to facilitate the commission of the other crime by the “main culprit” (The Indian Express, New Delhi dated April 25, 2014)

Social networking websites Facebook and You-Tube were issued notices by a Delhi court on a suit filed by an advocate seeking directions to them to remove the objectionable hate speech by Majlis-e-Ittehadul MLA Akbaruddin Owaisi in December 2012 in Andhra Pradesh. Civil Judge Vikrant Vaid issued notices seeking their response by June 5. The petitioner has said in the suit that though Owaisi has already been booked last year for having made the hate speech, the video of his speech is still available on facebook.com,youtube.com and on the website of 4tv, a news channel, which was also issued notice by the court. He said he has filed the suit now as he came across the video on the website in the recent past and found it objectionable. Seeking directions to the websites to remove the video and also any other content likely to hurt religious sentiments of any community the petitioner said, “….everyone can visit the website of the defendants and open the link to the video and make his/her comments after viewing the same.” “The comments made by the viewers are also highly objectionable,” he said. “The acts and omissions of the defendants

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(website) are promoting communalism in secular India. Not only the plaintiffs but all citizens who believe in a secular, socialist and democratic India are aggrieved by the video in question,” the court was told (The Hindu, New Delhi dated April 27, 2014)

The Supreme Court has admitted a plea made by retired Karnataka cadre IAS officer B A Harish Gowda, seeking action against three journalists for writing a series of alleged defamatory articles against him in a vernacular magazine in 1998. A bench of Justices T S Thakur and C Nagappan decided to hear the special leave petition filed by Gowda, challenging the Karnataka HC order, passed in December last, and seeking enhancement of punishment to the convicts (Deccan Hearld, Bangalore dated April 29, 2014)

The Supreme Court said it would first conclude hearing on the right to privacy issue arising out of the Nira Radia tapes and explore possible criminality indicated in the intercepted telephone conversations later. The S.C. had ordered a CBI probe six months ago into possible illegalities indicated in former corporate lobbyist Radia’stapped conversations with politicians, industrialists and journalists. The October 17 order by a bench headed by Justice G S Singhvi (since retired) had the potential of the CBI looking at some high value deals linked to big corporate houses headed by Mukesh Ambani, Anil Ambani and the Tatas. A bench of Justices H L Dattu, JS Khehar and R K Agrawal said the right to privacy issue raised by Ratan Tata, erstwhile chairman of Tata group, was more important and it would like to conclude hearing on the petition (The Times of India, New Delhi dated April 30, 2014)

Can a parallel process of trial by media, be permitted when it can trample upon fundamental rights of an accused and interfere with free and fair decision making? Concerned over trial by media, which is often supplied with crucial facts on evidence by investigating agencies and prosecuting officers, the Supreme Court set about to consider framing guidelines for media over covering criminal cases and briefing by investigating agencies. A three-judge bench led by Chief Justice of India R M Lodha described the issue as “very serious” and said the court would consider some guidelines to be put in place for balancing the rights and interests of all the stakeholders. The bench, also comprising Justices Kurian Joseph and Rohinton F Nariman, noted that the apex court needed to delve into issue in the wake of growing instances of trials by media and public condemnation of accused on the basis of information provided by police and prosecutors although the trial remains to conclude. “It is a very serious mater …especially the media briefing by police and other investigating agencies. Nothing should be done to hamper investigations and secrecy of the

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probe. It requires certain checks since they all touch upon Article 21 (right to life and liberty) of the Constitution,” said the bench. It further said: “Can a parallel process of trial by media be allowed when a trial is already going on in court? We think it affects the entire trial process and rights of an accused. Media briefings by investigating officer during ongoing investigations should not happen.” Disapproving of parading of the arrested persons by police before media, the court lamented that even statements of accused made under Section 161 (before the police) and 164 (before a judicial magistrate) were being released to the media (The Indian Express, New Delhi dated August 29, 2014)

The Cyberabad police’s cyber crime unit has booked a case against a Telugu TV channel for airing a video of the snake gang threatening their victim. The video is suspected to have been recorded by the gang using their mobile phone while assaulting the victim. The police has also booked a case against a journalist who shared the video using his Whatsapp account. However, the cops are yet to take action against two big TV channels who copied the video and aired it during their news bulletins. Police official said they had booked the case following a complaint from the victim’s relatives who approached the police after coming to know that the video was aired by TV channels. The police soon booked a case against the channel which aired the video first, (Deccan Chronicle, Hyderabad dated September 2, 2014)

Arrested Kokrajhar-based television journalist jaikholong Brahma was remanded in judicial custody till September 16 by the court of Chief Judicial Magistrate, Kokrajhar. The court also rejected his bail application. He was produced in the court after the completion of five day police custody. Mr. Brahma was arrested on September 2 night on charges of “providing” information to extremists about the movement of security forces and instigating the cadres of the National Democratic Front of Boroland (Songbijit) to indulge in killing of innocent persons, sources or informers. The journalist however denied the charges, (The Hindu, New Delhi dated September 9, 2014)

The Bombay High Court today re-strained the Maharashtra government and police from taking any coercive steps, including arrest, against the Editor of an Urdu daily at the center of a row over publishing the cover of French magazine Charlie Hebdo that featured a cartoon of the prophet Muhammad. The interim order was passed by division bench of Justices Ranjit More and Anuja Prabhudesai on a petition filed by Shirin Dalvi, Editor of Urdu newspaper Awadhnama, whose Mumbai edition has been shut down following the publication of the cartoon last month. The 46 year old Dalvi, a resident of Mumbra in nearby Thane district, has sought quashing of the cases against her

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and clubbing together all cases filed against her following the publication of the cartoon while she prayed for a direction to prevent the government and police from taking coercive action against her, including arrest. (The Statesman, New Delhi dated February 10, 2015)

The Delhi High Court refused to issue any directions on two PILs that sought lifting of the ban on the December 16, 2012 Delhi gang rape documentary, saying that it could affect the trial as judges are “not from outer space” . Admitting that judges, too, were “subconsciously influenced” by the media, the bench of justices Badar Durrez Ahmed and Sanjeev Sachdeva said, “Judges are also people. We are not from outer space.” The bench added that “in our opinion” the documentary “should not be screened” till the Supreme Court given a final verdict in the case. The court said that it had “no prima facie objection” to the documentary, but suggested that the screening should “wait till the Supreme Court decides” the case. The documentary, which contains interviews of the victim’s family, convict Mukesh Singh and the defence lawyers, was screened by the BBC internationally last week. The government had banned the airing of the documentary in India after order issued by a trial court on March 4. (The Indian Express, New Delhi dated March 13, 2015)

World Media Indian Press

Australia The Australian financial newspaper which accidentally published a front-

page headline reading “World is Fukt” apologized its readers for the error-ridden edition. The respected Australian Financial Review, in a message from editor-in-chief Michael Sturchbury, said the mistake was due to a production and printing error. “The Australian Financial Review apologizes to Western Australian readers for the obviously unacceptable state of the newspaper’s front page. (The Asian Age, New Delhi dated April 29, 2014)

United States of AmericaIn a bid to make Facebook a more useful resource for journalists and news

publications, the social networking site launched FB Newswire that promises to offer scribes a repository of verified, real-time content for use.

“The Facebook page will have hand-selected and journalist-verified news stories from across Facebook’s platform,” Andy Mitchell, director of news and global media partnerships at Facebook, was quoted as saying.

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FB Newswire has been launched in partnership with News Corp-owned Storyful, a news agency that aggregates news content shared on social networks.

“FB Newswire will collect newsworthy content that Facebook users share publicly via their accounts, including media like photos and videos, as well as status updates from users on the ground where news is breaking,” a press release said.

FB Newswire will include stories from around the word, including stories in language other than English.

Subscribing to the newswire is easy. Just ‘like’ the FB Newswire page and those stories will appear in your news fee.

Facebook is also releasing a Twitter handle for the service, called @FB Newswire, along with the feed, media reports added. (The Hindu, New Delhi dated April 26, 2014)

PakistanAfter the Inter Services Public Relations (ISPR) director general threatened

legal action against Geo TV for maligning the ISI, the defenceministry filed an application to the Pakistan Electronic Media Regulatory Authority (PEMRA) demanding suspension of the license to the company, Independent Media Corporation which runs Geo.

In the application, the ministry called for action under the PEMRA Ordinance and the Rules for “false and scandalous campaign undermining the integrity and tarnishing the image of a State institution (ISI) and its officers.”

PEMRA has appointed a three-member committee to review the application. The committee, will give the news channel a chance to present its views before taking a decision, news reports said.

The application charged that immediately after the firing on Geo anchor Hamid Mir “a vicious campaign, libelous and scandalous in nature was started initially on Geo News channel wherein false accusations were made against a State institution tasked to work for the defence, sovereignty and integrity of Pakistan i.e., Inter Services Intelligence (ISI) and its DG Lt. Gen Muhammad Zaheer-ul-Islam.” It also raised the point that the footage was picked up by the foreign media particularly Indian channels, which overplayed it.

It castigated the “inability of the editorial team and management or monitoring staff at Geo to either control the content and deliberately allowed

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scandalous views to go on air. This constitutes breach of terms of its license and violating code of conduct. (The Hindu, New Delhi dated April 24, 2014)

Pakistan police registered a criminal case against Geo TV owner Mir Shakeel-ur Rehman and Jang media group for showing a programme that allegedly contained blasphemous content, an official said.

Geo channel staged a mock marriage ceremony of controversial actress Veena Malik as a religious song was played in the background.

District and sessions judge of Okara in Punjab province ordered that a case be registered against Geo media group owner Rehman, anchor Shaistan Lodhi, actress Veena, her husband AsadKhatak and others over the programme.

Police officer Rana Aziz said Vena, her husband Asad and programme hostess Lodhi were also named in the case registered with Margalla police station in the capital Islamabad.

“They have been charged under Sections 295 A, 295 C and 298A of Pakistan Penal Code, which deal with insulting the religion, and Section 7 of anti-terrorism act,” he said.

Veena has recently married and the channel was celebrating the event.

The song eulogies the marriage of one of the daughters of the Prophet and various clerics and right wing groups said that the way it was played at the mock marriage had hurt religious sentiments of Muslims. (The Pioneer, New Delhi dated May 19, 2014)

Earlier this week, a committee of the Pakistan Electronic Media Regulatory Authority (PEMRA) announced that it had unanimously decided to shut down Geo News, the country’s most watched news channel for a week. Soon after, another announcement came from PEMRA: that its own committee had acted illegally and no such order had been passed. This confusion suggests that the stakes in this tussle are higher than no one had expected when it started.

Geo had been under a cloud ever since its star anchor, Hamid Mir, was shot six times on a busy Karachi street in April.

Mir’s was one of several attacks in the past few years on journalists in the country. Instead of staying quite, both Mir and his channel blamed the country’s premier intelligence agency, the ISI, and its head, Lt. General Zaheer-ul Islam for being responsible for the attack. This allegation has come at a price.

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NO SIGNS OF UNITYIt appears that the media at large is under siege in Pakistan. It is not

just allegedly being allowed to operate at the mercy of the ISI or the military establishment, but it also seems to have taken a divided stance on the issue. Since those allegations were made by Geo, the organization has been verbally attacked and charges have been laid by rival news channels like ARY and Express News, who have sided with the ISI and the military establishment.

The recent developments in Pakistan paint an unnerving picture – one where the media, as a whole, seems powerless and divided. The pursuit of information appears to be failing to keep it united. “Instead of uniting against the attack, media houses are aligning with the ISI or with the government,” says GM Jamali of the Karachi Union of Journalists. (Hindustan Times, New Delhi dated May 25, 2014)

Jang group-owned Geo TV network has apologized to the country’s Army, the powerful spy agency ISI and its chief for leveling allegations against them over an assassination bid on leading anchor Hamid Mir.

In a published apology on Monday In English daily The News and Urdu newspaper Jang, the media group clarified that they were respectful of Pakistani forces and its leadership. “We have always appreciated their sacrifices to safeguard our borders and the security of our country,” the apology letter said. “After serious retrospection, editorial debates, feedback and engagement with all parties, directly and indirectly, we have concluded that our coverage immediately after the tragic and unnerving attack on Hamid Mir on April 19 was excessive, distressful and emotional,” the media group said in the letter.

It accepted that the coverage of the incident was misleading, disproportionate and inappropriate, giving impression of a campaign, although it followed current media practices. The group apologized to the ISI, its chief Lt-Gen.Zaheer-ul Islam, his family, Pakistan Army and a large number of TV viewers for causing deep hurt, Dawn News reported.

The Jang Group clarified that the allegations were not hurled by the institution but by Mir himself and later repeated by his brother after the attempt on his life in Karachi. (Mail Today, New Delhi dated May 28, 2014)

The Tribune says that on the 8th instant the publisher of Zemindar, which has been resuscitated after its recent confiscation under the Press Act, was given a warning by the Deputy Commissioner in the presence of the Hon.MohomedShafi and three other Mahomedan gentlemen in respect of certain

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articles which appeared in its issues dated February 25th, 26th and 27th, which the Government considered objectionable. A letter was also handed in stating that if the paper refused to correct the misrepresentations made in the articles, the Government would take it as evidence of its conduct and take suitable steps thereupon. (The Statesman, New Delhi dated August 18, 2014)

United KingdomTwo British journalists were recovering in Turkey after being shot at

and beaten by rebel kidnappers while covering the Syrian conflict, the Times reported.

Times writter Anthony Loyd was shot twice in the leg while being held captive and photographer Jack Hill suffered a severe beating after trying to escape.

They were eventually freed under the orders of a local rebel commander, and managed to cross the border into Turkey on Wednesday after receiving treatment in a Syrian hospital, according to the newspaper.

The duo had spent several days reporting from Aleppo and were returning to the Turkish border early on Wednesday when they were taken. (The Pioneer, New Delhi dated May 16, 2014)

The British media maintained a blackout on a photograph showing the bare bottom of Prince William’s wife Kate, despite the picture being used in other countries.

One of Rupert Murdoch’s Australian newspapers published the photograph saying it was refusing to flow the “ridiculous” ban imposed by the British press.

The Sydney Daily Telegraph published the photograph the day after Germany’s biggest-selling newspaper, Bild, became the first publication to use the image.

In Bild the photograph was accompanied by a caption declaring that the future queen had a “beautiful bum”. It shows the Duchess of Cambridge’s blue and white summer dress lifted by a gust of wind when the royal couple got out of a helicopter in the Blue Mountains, west of Sydney.

The British press initially reacted with outrage to Bild, with the Daily Mail calling it “a breach of privacy” while blasting the “crude” caption that appeared alongside.

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The Daily Mail took a different approach, publishing the picture with the offending area pixellated alongside a piece by Australian-born columnist Amanda Platell urging Kate to dress differently to avoid “another embarrassing wardrobe malfunction”.

The Times’ columnist Carol Midgley meanwhile described the decision by foreign newspapers to use the picture as “sleazy and creepy” and described the fascination as perplexing “as if people somehow expected to find something else under (her skirt)” (The Asian Age, New Delhi dated May 29, 2014)

Libya A newspaper editor and critic of Libya’s Jihadists was gunned down on

Monday in the eastern city if Benghazi, an Islamist stronghold, medics said. They said Meftah Bouzid, editor of the weekly newspaper Burniq, was shot dead in the centre of the Mediterranean city. Bouzid had often gone on television to criticise Islamic extremists, resulting in threats to his life. Former rebels, especially Islamists, have been blamed for deadly attacks in Benghazi, the city in eastern Libya where the revolution was born. (Hindustan Times, New Delhi dated May 27, 2014)

RussiaA Moscow court has convicted five men of involvement in the murder

of journalist Anna Politkovskaya, three of whom were acquitted in a previous trial. Jury verdict found that Rustam Makhmudov was the gunman who shot Politkovskaya in the elevator of her Moscow apartment building in 2006 and that four others his two brothers, their uncle and a former policeman were accomplices.

Both brothers and the policeman had been acquitted in a 2009 trial, but the Supreme Court ordered a new trial. A judge is expected to sentence the five men; all could face up to life in prison. Politkovskaya’s work in the Novaya Gazeta newspaper was sharply critical of the Kremlin and its policies in Chechnya. The Makhmudovs and their uncle are of Chechen origin. Authorities have not identified any person as responsible for ordering the killing. Sergei Markin, a spokesman for Russia’s investigative committee, was quoted by the RIA Novosti state news agency as saying it was spursuing “exhaustive measures” to identify that person. (The Asian Age, New Delhi dated May 22, 2014)

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Chapter-IIAdjudications in Complaints Regarding

Threats to Press Freedom

The Press Council of India is mandated by the statute to keep under review any development likely to impinge upon the freedom of the press. Such threat may emanate from any source, be it from elements within the society or political parties and their representatives or government authorities or militants or even from within the press itself taking the shape of editorial -management disputes.

While 121 matters of this nature were pending from the previous year, 199 fresh cases were registered in the year under review. A total of 320 matters thus required consideration. Of these, 15 matters were disposed off through adjudications which also included two matters directly considered by the Council. 188 matters were dismissed or disposed off for lack of sufficient grounds for holding inquiry or where satisfactory amends had been made by the concerned authorities or matters fell outside the Council’s charter or became sub-judice or for non-pursuance on the part of the complainants. The remaining 117 matters were under process at the end of the period under review.

Adjudications on complaint carrying allegation of attempt at curtailment of the freedom of the press, either by way of threats, physical or vocal, or denial of concessions and privileges, by the authorities have been analysed in this chapter.

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Key to abbreviation Total No. cases: 15

(Including two matters adjudicated directly by the Council)

A Andhra Pradesh 1

B Bihar 1

C Chhattisgarh 1

D Haryana 2

E Delhi 3

F Madhya Pradesh 1

G Uttar Pradesh 5

H Punjab 1

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Harassment of Newsmen

Incidents of harassment of journalists have been on rise. Such incidents are on raise especially where there have been conflict between the authorities and militants. The press has to succumb to the pressure from both of them. Legitimate criticism of executive functioning and reporting of misdemeanors of militants outfit and anti-social elements is retaliated in the form of manhandling of journalists, their entanglement in false cases, raids at their press/home, abduction and in extreme cases, murder. In this way the press often has to face dire consequences in discharging their professional duties honestly. Gross violation or human rights of the journalists is escalating unabatedly. Authorities are duty bound to prevent or deter any kind of physical assault or harm to the journalists of their legitimate performance of professional duties.

The Council adjudicated upon a total of seven such matters in the year under review. All the seven matters stood dismissed on merits. The chart that follow makes the position more clear.

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Facilities to the Press

Facilities like accreditation, government advertisement, etc. are the backbone of the newspapers. While accreditation helps in collection and dissemination of news, release of advertisements pertaining to policies and schemes for betterment of general public by the government inter-alia provide newspapers financial support. Its absence poses a major hindrance to the existence of the paper. The Council has observed that at times, the authorities responsible to provide these facilities to the newspaper, use it as a tool to make the newspaper toe their line. The worst sufferers are the regional newspapers of small and medium category.

Complaints against biased withdrawal or denial of the above facilities abound, but not all are pursued till the stage of adjudication. Of the six adjudications that fall under this category only one was disposed off upon assurance given by the respondents while five were rejected on merits. The chart that follows makes the position more clear.

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Chapter-IIIAdjudications in Complaints Filed

Against the Press

The Press Council of India has been established for the purpose not only of preserving the freedom of the press but also of maintaining and improving the standards of newspapers and news agencies in India. For the latter purpose, the Council is required to build up code of conduct for newspapers; ensure on the part of newspapers, news agencies and journalists the maintenance of high standards of public taste and foster a due sense of both the rights and responsibilities of citizenship; encourage the growth of a sense of responsibility and public service among all those engages in the profession of journalism; promote a proper functional relationship among all classes of persons engaged in the production and publication of newspapers or in news agencies; etc.

During the course of the year under reviews, the Council received 105 new complaints against the Press for the alleged violation of journalistic norms. Besides, there were 821 matters pending from the previous year. Thus, the Council was to consider in all 1871 complaints against the press during the year under review. Of these, 727 matter were disposed off through adjudications or through disposal at the preliminary stage, either for the reason of settling these to the satisfaction of the parties or for lack of substance or on account of non-prosecutions, etc. Thus 1144 matters were pending in this category at the close of the financial year under review.

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Key to Abbriviation

Total No. Cases: 67

(Including one matter adjudicated directly by the Council)

A Andhra Pradesh 1B Goa 1C Haryana 1D Kerala 1E Gujarat 4F Madhya Pradesh 6G Delhi 15H Chhattisgarh 2I Rajasthan 7J Uttar Pradesh 13K Tamil Nadu 1L Himachal Pradesh 1M Maharashtra 7N West Bengal 2O Punjab 5

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Principles and Publication

The Council had laid down clear norms of journalism to guide the press in the healthy discharge of its duties and attitude towards the readers.

When newspapers publish inaccurate reports, write-ups etc. harmful to the reputation of an individual or public officials or when the reporting is based on incorrect sources or published with mal-intention, the person aggrieved sends rebuttal or clarifies facts through rejoinder giving his version of the story. The newspapers reluctant to publish the same with due promptitude and prominence, prompts the aggrieved party/person to knock the door of the Council. Through its adjudications, the Council helps the press to maintain the respect and dignity which the fourth estate deserves.

The Council received during this year several cases against newspapers, where the complainants were primarily aggrieved over the non-publication of their respective rejoinders/replies/contradictions by the respondent newspapers. 14 adjudications delivered this year fell under this category. Of these one case was upheld with appropriate directions while four complaints were disposed off by the Council when the respondents offered to make amends. The remaining 19 complaints were dropped for non-pursuance, withdrawal or the matter having become sub-judice. The graphical chart that follows makes the position more clear.

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Press and Defamation

Journalists in a zeal to expose corruption in society or of public servant, public figures and others through the medium of newspapers, often overstep the limit of fair ‘comment and run foul of the Law of Defamation. Indeed in more than 65% of complaints received by the Council against journalists/newspapers, it is alleged that the impugned publication is false and defamatory. It is therefore necessary for the reporters, editors, printers and publishers of newspapers to have at least, elementary knowledge of those aspects of law which are special interest of media such as law of defamation.

The Council has observed that the press at times uses the medium to gratify private spite or personal greed and avarice by defaming persons/institutions through the columns of the newspapers. This tendency is comparatively higher in the smaller or the fly-by night newspapers. Defamatory writings against individuals/institutions are published as a reprisal measure due to personal enmity; for blackmailing for money; or some other favours sought from the persons/institutions concerned.

The Council adjudicated 38 complaints this year pertaining to alleged defamatory publications. Of these, the press was found guilty of violation of journalistic ethics in nine cases. In five matters, the Council was able to bring about reconciliation between the parties, whereas 25 complaints were disposed off for failure to pursue charges or on account of matters having become sub-judice or where no action by the Council was found to be warranted after hearing the parties. The following graphics explains the position.

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Press and Morality

Use of obscene language in a news story or article and publication of photographs of women in denigrating manner are against the normal Indian values. An editor is thus expected to act in a responsible manner and with requisite rationale ensure careful scrutiny of such publications. Certain sections of the media claiming to march with the times often tend to forget that such material are against cultural ethos of the general public. They need to judge the suitability of material considering the target readership and the values of the society at large.

Matter that serves no public interest of the readers and tends only to arouse prurient interest in young mind thereby misleading them needs to be watched over. The Indian Penal Code incorporates in Sections 292 and 292A offences relating to public decency and morals. There are several other similar provisions which provide for penal action. However, self regulation scores over punitive actions.

The Council adjudicated two matters which raised question of obscenity in the publications. The charge of offence against public taste and morality against the newspapers was upheld in one matter, while one matter was dismissed on merits. The following graphical chart makes the position more clear.

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Communal, Casteist, Anti National And Anti Religious Writings

Recognising that the press which enjoys the utmost freedom of expression has a great and vital role to play in educating and moulding public opinion on correct lines in regard to the need for friendly and harmonious relations between various communities and religious groups forming the fabric of Indian political life and in mirroring the conscience of the best minds of the country to achieve national solidarity. The Press Council of India considers that this object would be defeated, communal peace and harmony disturbed and national unity disrupted if the Press doesn’t strictly adhere to proper norms and standard in reporting on or commenting or matters which bear on communal relations.

During the period under review, the Council adjudicated one complaint under this category which was dismissed due to lack of substance. The following chart makes the position more clear.

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Chapter-IVModel Accreditation/Advertisements Rules-2014

dated 2.6.2014

1 These Rules formulated by the Press Council of India will serve as the guideline for framing and implementing the Rules of Accreditation of the Central and State Governments. These Model Rules have been framed to ensure accreditation-to cover the news relating to the Central/State government – is granted and renewed with fairness, transparency, with commitment to freedom of press, and in public interest.

2 Definitions:

i) Accreditation: Recognition granted to Correspondents/Editors of Media organisations (as defined in sub clause iv) to have access to news materials, written and pictorial; to offices and officers of the Government at the Headquarters and other centres for gathering news; access for laws, rules, notifications, press releases, background papers, etc. of the activities of the government; for invitations and admittance without any hindrance to functions, press conferences, statutory events and other activities of the government; facilities in terms of travel, research, documentation, etc. relating to newsgathering. The Accreditation should be available throughout the country, state, city, district or tehsil, as decided by the Committee.

ii) Correspondent: A working journalist employed by a newspaper, magazine, news agency, television channel, radio organization or news portal, to gather and file news items regularly for the newspaper, magazine, television channel, radio organisation or news portal, as defined in clause 2 (iv) of these rules. The definition of Working Journalist for print media, including newspapers, magazines and news agencies, shall be generally the same as the definition in the Working Journalist Act.

iii) Cameramen: Still and Television cameramen employed by media organisations for taking picture or video-graph news events.

iv) Editor: Editor of a newspaper, magazine, Television Channel, Radio organization, news portal, who is in-charge of news selection and editorial policy of the organization, including Chief Editor, Editor-in-Chief, Managing Editor, Executive Editor, Resident Editor, Content Head.

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v) Media Organization: Newspaper, magazine, Television Channels, Radio organization, news portal, recognised by Government of India/State government agencies under relevant laws and rules like PRB Act, Uplinking Guidelines for Television Channels and FM Stations, Prasar Bharti Act, etc.

a) News Media shall include newspapers, wire service and non wire service news agencies, news feature agencies, electronic media agencies, news portals containing news and comments on public news.

b) Newspaper shall have the same definition as given in the Press and Registration of Books Act, 1867. A Daily newspaper shall be published on not less than five days in a week; a weekly or Fortnightly newspaper shall have not less than 45 or 22 issues in a year respectively.

c) News Agency shall be wire and non wire organizations which supply news on a minute-to- minute or daily basis to a number of media organizations, both print and electronic.

d) News Feature Agencies shall be agencies which supply news and features based on current affairs to newspaper organizations on a weekly or fortnightly basis.

e) Radio Organization means any media organization which broadcast news bulletins and carries current affairs programmes, including All India Radio which operates under the Prasar Bharti Act.

f) Television Channel shall have the same meaning as News and Current Affairs Channels permitted under the Guidelines of the Ministry of Information and Broadcasting. This includes the news channels of Doordarshan operating under the Prasar Bharti Act.

g) Television and Radio news agency shall be media organization which provides news clips and feeds to Television channels and radio stations.

h) Foreign Newspapers and foreign news agencies shall be media organisation which fulfil broadly the criteria laid out in clause 2 (b) and 2 (c) respectively.

i) Foreign television channel shall be media organisation which fulfil broadly the criteria laid out in the Guidelines for News and Current Affairs Channels of the Ministry of Information and Broadcasting.

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j) News Portals are news and current websites which provide continuous news coverage and current affairs features.

VI) Accreditation Card: The PIB or the State Information Department shall issue a photo identity card to all correspondents and editors to whom the accreditation is granted by the Committee, and wherever necessary, the card should have authorization to enter all premises of the Central and State Governments, without any requirement of obtaining visitor pass.

VII) Committee: Committee formed by the Government for considering and sanctioning of Accreditation, and to recommend steps for facilities for news gathering by accredited correspondents and news organisations. State Governments shall form District or Tehsil (Mandal) level Accreditation Committees, subject to local requirements.

3. The Press Accreditation Committee shall be a permanent organisation, whose membership will change every two years. There shall be no discontinuity in the functioning of the Committee and it shall be the responsibility of the Government to ensure that the nomination of fresh members is gazetted before the term of the earlier team expires. In case the Government is unable to nominate the new members, the old Committee will continue until the new Committee is constituted.

4. a) The Press Accreditation Committee shall consist of not less than Nine members, representing various recognised mainstream media organisations at National/State level of Editors, Correspondents, Cameramen and Cartoonists. These organizations must have representative character and fair representation of membership of the category of journalists in the Centre or State.

b) Every Accreditation Committee formed by the Central or State government shall have a representative of the Press Council of India, preferably a member who lives in the particular State or the City as the case may be.

c) No member may continue for more than two consecutive terms.

5. The Director General, Media & Communication shall be the Member-Secretary of the Central Press Accreditation Committee and the Director/Commissioner of Information of a State Government shall be the Member-Secretary of the State level Accreditation Committee. For a Committee at District or Mandal level, the District Information/Public Relations Officer

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shall be Member-Secretary. The Member-Secretary shall be responsible for convening the meetings of the Committee, scheduling the agenda and for implementing the decisions of the Committee.

6. The Chairman of the Committee shall be a senior journalist, who shall be nominated by the Central or State Government. The Chairman should have minimum 10 years experience as an accredited correspondent to the government concerned, and should be ineligible for a second continuous term.

7. The Committee shall meet once in a quarter or more frequently if considered necessary. The quorum shall be 50 percent of the total membership. A minimum of 15 days notice should be given for meetings, unless the Chairman is satisfied that a meeting should be called at short notice due to extraordinary circumstances. Even then the decisions of such an extra ordinary meeting will have temporary validity, until they are ratified by the Committee meeting called after 15 days notice.

8. The Committee shall admit newspapers, news agencies, magazines, TV channels, Radio organizations, news portals provided, they fulfill the basic criterion of providing contemporaneous news to their readers, subscribers, viewers, listeners as the case may be. They should carry at least 50 per cent its contents as news/comments of general public interest. The decision of the Committee on whether the applicants carry 50 per-cent of content as news is final. These organisations must be functioning as a news organisation for a period of at least six months before they are eligible for accreditation as an organisation. However, if a publication changes the periodicity of publication but continues to carry minimum 50 per cent of contents as news/comments of general public interest, then its admission shall continue. All newspapers and magazines applying for recognition by the Committee shall furnish a No Due Certificate from the Press Council of India.

9. However, if the Committee is unanimously satisfied that a news organisation needs temporary accreditation from the day it starts the operations, then the Committee may grant a small number of accreditations to the applicant organisation, without creating any permanent claim. The admission granted to these organisations will be withdrawn if they cease to function or cease to disseminate contemporaneous news. It is the duty of the organisation to inform the Government if it is being closed down or changes to non-news content.

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10. Based on the Circulation of newspapers and magazines, the number of subscribers and turnover of news agencies, the turnover of TV channels and Radio organisations, the page hits and turnover of news portals, the Committee shall prescribe the number of Editors, Correspondents, Photographers, Cartoonists, Cartographers, TV Cameramen, Radio Executives, etc. who can be accredited to the Government. However if the organisation provides proof of increase/decrease of these criteria, the Committee would correspondingly after the quota.

11. A minimum of five years experience in a news organisation, which is admitted by the Committee is required to consider the application of an Editor/Correspondent/Cartoonist/Cartographer or Photographer/TV Cameraman/Radio Executive for accreditation to the Government of India. For accreditation to the State Government at the State or District level, three years experience is minimum requirement.

12. For purpose of accreditation, Editors should be considered as being engaged in newsgathering and should be given accreditation. The Committee shall satisfy itself that the applicant is fully employed in the news organisation by asking for news clippings, video clips, radio clips, etc., apart from employment certificate, a certificate from the Editor that the applicant is engaged in news reporting. The Committee shall not give accreditation to advertising or sales person who put in a claim that they are also correspondents.

13. On its satisfaction that the applicant meets the criterion to be an accredited correspondent, the Committee shall permit grant of accreditation subject to the availability of the quota of the news organisation.

14. The Government will issue the accreditation card to the journalist within a fortnight of the date of approval by the Committee.

15. In case the Committee rejects the application of a media organisation, or a journalist on behalf of a media organisation for accreditation, then the applicant organisation/individual shall be informed the reasons for rejection in writing. The applicant organisation/individual can make amends or place other relevant facts before the Committee for reconsideration. However, the Committee’s decision, after such reconsideration, shall be final.

16. The Committee can grant accreditation to senior journalists, who are freelancing, provided they have been accredited correspondents on behalf

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of news organisations for at least 15 years, provided they show evidence that their main avocation is of journalism and that they are earning their livelihood through journalism.

17. The Committee may grant special accreditation to journalists who have done Long and Distinguished Service as accredited correspondents, provided they are above 58 years of age; are accredited for a minimum period of 15 years; and are actively pursuing journalism at the time of recognition of their service.

18. The Accreditation card issued to Editors, Correspondents, Cartoonists, Cartographers, Photographers, TV Cameramen, Radio Executives, etc. shall be valid for a period of two years. Under the general directions of the Committee, the PIB or the concerned State Government department shall renew the accreditation of all accredited journalists once in two years, ensuring that the accredited journalist is not deprived of the facility even for a single day.

19. In case a correspondent works for more than one organisation, and requests for additional accreditation, the Committee may decide to grant additional accreditation, after recording the reasons for granting additional accreditation.

20. All Government Ministries, Departments, undertakings and other wings shall provide access and information to accredited journalists, and they shall not discriminate amongst accredited journalists for dissemination of news.

21. The Committee shall withdraw the accreditation, provided.

i) The Editor informs the Committee that the journalists has been reassigned within the organisation.

ii) The Editor informs the Committee that the news organisation has closed down/or is no longer carrying 50 per cent content as news.

iii) The journalist is no longer an employee of the news organisation.

iv) If a journalist has been censured at least twice by the Press Council of India for professional misconduct.

v) If the Committee were to come to the conclusion that the journalist has made gross misuse of the accreditation facility, then he shall be given an

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opportunity to answer the charges, and the Committee shall record its reasons for withdrawal of accreditation.

Proviso: As journalists enjoy the protection of the Constitution, the Accreditation Committee shall ensure that the accreditation is not cancelled for any malafide or frivolous reason by the Central or State Government or any politician or official who have a grudge against journalists publishing news which may be unpalatable. No media organisation or journalist shall be deprived of accreditation merely on the ground that he had published what was claimed to be an official secret, or that he has published reports which are unfavourable to the Government or its Ministers or Officials.

22. Apart from considering applications for grant and withdrawal of accreditation by news organisations and journalists, the Committee shall discuss and recommend measures for providing additional facilities to news organisations and journalists to improve the quality of news dissemination.

23. Editors/journalists deputed by editors of newspapers, magazines, news agencies, television and radio organisation, news portals who are accredited by a State Accreditation Committee shall be considered eligible for accreditation to the Government of India at its headquarters in New Delhi and offices in state capital/s, even though they may not be residing in the National Capital Region, with a view to ensure that the news relating to Government of India is disseminated in all regions and Editors/accredited journalists from all over India have access to Government of India’s information and offices.

24. A journalist covering more than one state/cluster of States like North-East shall be eligible to have accreditation in all the states/cluster of State like North-East provided the Editor gives a certificate, justifying the needs for accreditation in more than one state.

25. The Government will put the Rules on the website of the concerned Ministry so that it is available for reference to the news organisations, journalists and the general public. The decisions of the Committee on admission of news organisations/journalists will be put on the notice board soon after the decisions are implemented.

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Model Advertisement Policy Guide - 2014

Introduction: Under the statute passed by the Parliament in 1978, the Press Council of India is enjoined upon to preserve the freedom of the Press and to maintain and improve the standards of newspapers and news agencies in India. This is further supported by clause (e) of section 13 (1) of the Press Council Act, whereby the Council is required to “keep under review any development likely to restrict the supply and dissemination of news of public interest and importance”. There have been a number of occasion where the Press Council has been called upon to look into the complaints of improper or arbitrary denial of advertisements by various authorities, severely affecting the economic viability of newspapers, particularly of those in the smaller category.

In disposing of these complaints, the Council has often observed that governmental authorities should not single out a newspaper for discriminatory treatment in the matter of release of advertisements on account of its critical writings. Release of advertisements should be done not on an adhoc basis but on the basis of a notified policy formulated on some rationale criteria. Political consideration should not weigh in the issue. Distribution of advertisements should be equitable as far as possible but smaller newspapers which subsist on government advertisement revenue need special consideration of the governmental authorities. While advertisements cannot be claimed by newspapers as a matter of right, they are neither a grant to be released at the whim and discretion of the controlling authority.

Against this background, the Press Council of India has considered the question of formulating basic elements of what may be an advertisement policy for the Central and State Governments to adopt. These model guidelines propose broad principles of uniform applicability governing the release of advertisement by Central and State Government, Union Territory, Administration vis-a-vis their distribution, rate fixation and payment and canalisation.

Criteria

1) Newspapers registered with the office of the Registrar of Newspapers for India shall be eligible for inclusion in the approved list for release of advertisements.

2) Advertisements shall be issued only to such newspapers as have been included in the approved list of Central/State Government for release of

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advertisements. For preparing the approved list, there should be a Committee with due representatives of officials as well as non-officials from among media personalities. For the purpose of selecting the newspapers for release of advertisements of different kinds, the authorities should be guided by the following criteria:

a) Newspapers will be considered as being eligible for advertisement if it has had regular and uninterrupted publication for four months.

b) A newspaper seeking advertisement should fulfill the requisite qualification already prescribed by State and Central Government in regard to periodicity and regularity of publication, size of the publication, printing arrangements, editorial and managerial set-up.

c) The circulation of a newspaper has a bearing on the extent of advertisement released. The sources from which authenticated circulation figures could be obtained are:

i) The Registrar of Newspapers for India;

ii) Audit Bureau of Circulation; and

iii) Chartered Accountant, certifying annual circulation statement,

The Figures obtained through anyone of these sources should be acceptable for determining the circulation of a newspaper to be enlisted and no other party should question the certificate issued by either of the three above.

d) Payment of bills by the government should be made within a period of 45 to 60 days of the publication of the advertisement. The payment could be made at reasonable prevalent commercial rate, less 20% commission in view of the bulk value of release.

e) It will be desirable that small newspapers having regional content are given some weightage.

f) Suitable weightage may also be given to language newspaper/periodicals published from remote areas, such as North-East, tribal belts and hilly region and small paper run by linguistic groups.

g) As far as possible, organs of political parties should not be unduly patronized by the governmental authorities.

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General:

A list of newspapers eligible for empanelment should be made a public document available on request. The list should be periodically sent to the Press Council of India, the RNI and also to the recognised newspaper associations.

All disputes regarding inclusion/non-inclusion/removal from the approved list for release of advertisements should be referred to an independent body which may consist of representatives of the Government and disinterested members of Press from socio-journalistic fields. Alternatively, dispute could be referred to a body created on the pattern of Press & Registration Appellate Board which may consist of the Chairman of the Press Council of India and four other members.

These guidelines are not exhaustive because of the limited nature of the issue involved. They have been prepared with the object to eliminate any possibility of discrimination which may directly or indirectly affect the freedom of the Press.

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Chapter-VReport on Acid Attack on Media Person and his

Family Member dated 2.6.2014Incident

Dinesh Sadashivrao Chaudhary (freelancer Journalist) has been in the field of journalism in Poorna taluka of district Parbhani in Marathwada region of Maharashtra for the last 20 years. Dinesh Chaudhary has been associated with reputed newspapers such as Dainik Tarun Bharat, Dainik Saamna, Dainik Anand Nagri etc. At present, he is a correspondent of Dainik Tarun Bharat. Dinesh Chaudhary has published news-items against illegal smuggling of Gutkha in Dainik Tarun Bharat and Dainik Saamna. Consequently on March 12, 2013 at 11:30 pm, four people attacked him with acid from the upper open portion of the main gate of chaudhary’s residence in Tilak Road. It fell directly on the face, chest, hands, back and stomach of Chaudhary, his wife Aruna, and daughter Rashmi causing serious injuries to Chaudhary’s whole family. Police registered a case no 50/2013 U/S 307, 326, 120 (B), 34 of IPC and arrested Pandit Damodhar Walkar, Munja Vishwanath Dargu, Anil Bandu Appa, Kurkule and Sy. Habib and Sy. Hasan. However, prime conspirator and mastermind in smuggling of gutkha Sy. Ali Sy. Hasan alias Don is still absconding. Police sent its teams to the places like Mumbai, Nashik, Aurangabad, Hyderabad, Ajmer, Uttar Pradesh etc to arrest Sy. Ali but he has not been arrested till date.

Visit and inquiry by the CommitteeI visited Parbhani as a member of committee constituted to probe into the

matter and met Dinesh Sadashivrao Chaudhary and his family. I also met Sandeep Patil, District Superintendent of Police, Parbhani, District Officer, Wankhede, R. D. Kokadwar, District Officer, Food and Supply department and office bearers & journalists of district journalist associations regarding this attack. The facts we came to know during investigation were shocking.

The prime accused in this attack, Sy. Ali alias Sy. Hasan alias Don, mastermind in illegal smuggling of gutkha, is also urban president of congress party. Sy. Ali planned this attack and two days prior to attack, he went to Andhra Pradesh and gave final touch to this attack through his mobile phone. Sy. Ali who has a dangerous criminal background, was in contact with the assaulters at the time of assault. Sy. Ali used more than 10 different sim cards for this. Two of the four other accused of attack have deep-rooted criminal background. The cases

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of scuffle, theft, extortion, illegal recovery and attempt to murder are registered against them in Poorna police station from year 2007 to 2013.

After this horrible and severe attack on Dinesh Sadashivrao Chaudhary, not only journalist world but also general public of the whole state, especially in Marathwada region, became agitated. Demonstrations, dharna and agitation commenced on behalf of many journalist associations. Poorna Taluka remain closed.

Terrible Circumstances

Journalists are facing critical and threatening situations while performing journalistic duty in Marathwada. I talked to office bearers and members of Bahujan Patrakar Sangh, Jilastariya Shasanmanya Sampadak Sangh, convener of Patrakar Halla Virodhi Kriti Samiti, Marathi Patrakar Parishad etc in Parbhani. The journalists stated that local police is in connivance with mafias and gutkha smugglers for a long time. The journalists are living in terrible and threatening environment. In Maharashtra, 64 journalists have been assaulted in past one year. In 2013, there have been total 15 cases of attacks on journalists till now. Most of the assaulters are office bearers and workers associated with political parties. It is worth mentioning that journalists in Parbhani have published many news-items against gutkha smugglers but according to the report given by officer of Food and Supply department, in two districts from July 27, 2012 till now action was taken in merely 21 places in which most of the time action was taken against Paan tapris and small shopkeepers. The officer in shameless manner stated that there are only two officers in their department and there is staff crunch due to which they cannot take any action.

Some cases of blackmailing have also been registered against journalists in Marathwada in past few months. Many journalists stated that almost all the allegations are false and baseless and due to the publication of news-items against mafias & smugglers, it all happened in connivance with political parties. Regarding this, Mr. Sandeep Patil, District Superintendent of Police told me that he has been transferred to Parbhani just a month ago and he would get afresh inquiry conducted into the cases registered against journalists and withdraw false cases. After demand and pressure of the committee and journalist associations, police declared mastermind Sy. Ali an absconder and started confiscating his property.

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Essence of review and action

According to the facts which I came to know going through initial report of the whole matter, it is likely to be the first case of an acid attack on a journalist and his family in Maharashtra. This incident of attack has demoralised the journalists. Journalists in Maharashtra are feeling insecure due to constant attacks on them. The Chief Minister, of the State Govt., repeatedly gives statement that stringent laws will be formulated for the safety of journalists in the state but the State Govt. is deferring it deliberately. The proposal to formulate stringent laws to curb constant attacks on journalists is pending before State Govt. for the last 7-8 years. Incidents of attack on 120 journalists in last one year prove the essence of proper orders to be issued by Press Council of India so that journalists in Maharashtra may feel protected and secured. In my opinion, time limit for this Committee should be enhanced by making expansion in Committee for getting information regarding constant attacks on journalists in Maharashtra and fearless atmosphere. Simultaneously, Committee should be empowered to visit other districts of Maharashtra to monitor situation by meeting other high officials including Director General of Information and Public Relation department.

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Chapter-VIReport on Threats to the Media Persons in Telangana, Warangal City dated 27.10.2014

The Chairman of the Press Council of India (PCI), in an order issued on 12 September 2014, set up a three-member Committee Consisting of senior journalists Rajeev Ranjan Nag (Convener), Krishna Prasad (Member), and K. Amarnath (Member) to probe threats to the media in Telangana following remarks reported to have been made by the hon'ble chief minister of the state, Shri K. Chandrasekhar Rao, in Warangal City on 9 September 2014.

The Committee's mandate was to enquire into the following and suggest remedial measures:

1. Whether the CM of Telangana made the statements attributed to him that he would break the necks and bury media persons, and that they should salute the Telangana people if they wish to live in Telangana, and whether this violates Article 19 (1) (a), (e) and (g) of the constitution?

2. Whether there is any threat perception to the media in Telangana and its free functioning?

3. What steps are necessary for the protection of the media in Telangana in discharging its duties to the public?

The Committee visited Hyderabad on 16 September 2014, and Warangal on 17 September 2014.

In Hyderabad, an open enquiry was conducted at Hotel Tourist Plaza. Over 100 journalists and journalists' unions of the print and electronic media attended the enquiry and expressed their viewpoints. Some of them also submitted written memoranda on the points of enquiry. In Warangal, the Committee met the District Collector and District Magistrate at his office. Later it held a public hearing in Collectorate Committee Hall. About 100 journalists of the print and electronic media, including representatives of the working journalists' bodies, expressed their opinions on the points of enquiry.

Officials of the state Information and Public Relations were present during the hearing in both Hyderabad and Warangal. The hearings were thrown open to the electronic media in a spirit of transparency and openness. In both hearings,

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representatives of the "Telangana Union of Working Journalists (TUWJ) headed by Mr. Allam Narayana" expressed token reservation at the composition of the PCI Committee, which comprised a member originally hailing from the Seemandhra region. However, the Convener overruled their objection and proceeded with the enquiry.

Hyderabad HearingA number of media representatives narrated the entire sequence of events from

16 June to 9 September 2014 at length. The Committee was provided with copies of the COs containing the CM's remarks. No media person, media house, journalists' union or its representative denied that the CM had made the comments.

On point no.1 the representatives of the Indian Journalists Union (IJU) and its affiliate Telangana Union of Working journalists (TUWJ) stated that the statements attributed to the Hon'ble Chief Minister were true.

# The unions said neither the CM nor his spokespersons had denied the remarks attributed to him.

# They emphasized that there was video and audio evidence of the CM's remarks along with eye-witness accounts.

# They were of the firm opinion that the CM bad deliberately and wilfully made these threats to browbeat the media so that it would not critically scrutinize his policies, programs and actions, and so that other media may fall in line, or else.

The representatives of IJU and its affiliate Union admitted that the offending "Bullet News" program telecast by the TV9 news channel allegedly denigrating and making fun of elected representatives of the Telangana Legislature was indeed indecent, unethical and tasteless. They said they had immediately condemned the program in unequivocal terms.

When the matter was raised on the floor of the Telangana Assembly, the House condemned the program and referred the matter to the Speaker for appropriate action. The Speaker is yet to take a decision in the matter, over 120 days later, keeping the fate of the two channels hanging.

Nevertheless...

# The unions said the Telangana CM indirectly encouraged the Multiple Systems Operators (MSOs) to continue their blackout of the transmission of TV9 and ABN Andhra Jyothy news channels since June 16.

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# They said CM had saluted the MSOs for their action of blocking "anti-Telangana" channels, thereby signaling his direct encouragement to them to continue their illegalaction.

# They said the MSOs took the cue from the CM's speech on the floor of the Assembly and immediately discontinued the transmission of the two news channels apparently as it was perceived to be anti-ruling party.

# They felt that the managements of media establishments in the state of Telangana, most of which are located in the shared capital of Hyderabad were feeling intimidated after the stoppage of broadcast of two channels.

The IJU and its affiliate TUWJ delegation headed by K. Sreenivas Reddy, who served the PressCouncil of India for two terms previously, said of the 18 Andhra Pradesh governments he had covered as a journalist, Mr Reddy said the present dispensation represented the toughest period for media freedom.

Mr Reddy emphatically stated that the actions and statements of the Telangana CM viol ated Article 19 (1) (a), (e) and (g) of the Constitution.

This view was echoed by senior advocate and Member of the Press Council of India (PCI), Mr. N Ramachandra Rao, who opined that a person occupying constitutional office should not say or do anything directly or indirectly which violated the provisions of the constitution.

# The representatives of TV9 alleged that since 16 June 2014, MSOs had blocked their channel in Telangana without prior notice and without assigning any reasons. There had been a 45% revenue shortfall and the jobs of 428 employees were at risk.

# Representations to the Union Ministry of Information and Broadcasting had been of no avail. Orders from the Telecom Disputes and Settlements Appellate Tribunal (TDSAT) had been ignored by the State Government.

# Mr G.S. Rammohan, Associate Editor of ABN Andhra Jyothy, said that the CM's threats had created a fear psychosis in the media fraternity, that the state government had started surveillance, and that overall media freedom was under threat.

# Other representations were received from the Telangana Newspaper Association (JAC), IJU and its affiliate TUWJ, and Mr. K.Krishna Sagar Rao of State BJP.All of them have described the incident as serious and an attack on the freedom of the media.

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However, the Telangana Union of Working Journalists (TUWJ) headed by Mr. Allam Narayana, who is also the Chairman of the Telangana Press Academy and enjoys the rank of a cabinet minister under the aegis of the Telangana government, while admitting that the CM did indeed make the remarks attributed to him, contended that the CM was reflecting the hurt sentiments of the Telangana people by a program telecast by one news channel.

# He averred that the CM's colourful, colloquial and idiomatic use of the local language should not be construed as a threat to the media nor the media persons.

# He discounted the allegation that the statements to the Chief Minister were a threat to the freedom of the media and should not be treated as violation of Article 19 (1) (a), (e) and (g) of the constitution.

# He felt that there was no perception of threat to the media from the Telangana Government. Au contraire, there was a threat to Telangana journalists from managements hailing from Andhra Pradesh.

(Incidentally, the promoters of both TV9 and Andhra Jyothy are natives of residuary Andhra Pradesh area, even though they are operating from Hyderabad for last few decades.)

Some senior journalists present too openly defended the action of the Telangana CM. They said the occasion where the CM made his remarks---at an event to remember the Telugu poet Kaloji Narayana Rao---and the context should be taken into account. The CM's remarks should not be taken literally.

Warangal HearingThe District Magistrate Mr. G Kishan, lAS, who was present in Warangalon

9 September 2014, admitted that the Telangana CM did make the statements attributed to him allegedly threatening the media.

# The OM, however, said colloquial observations should not be taken literally and treated as threats.

# He justified the detention of some journalists protesting before the CM, who was scheduled to address a public meeting.

# He justified his action by claiming that as OM it was his responsibility to maintain law and order and ensure the safety and security of the CM.

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Later, in the Collectorate Campus, where the PCI hearing was held, local journalists gave a blow-by-blow account of the incident.

# They felt that the CM's threats were not limited to the two channels but aimed at the entire media fraternity in general.

# They said the media in the newly created State is under tremendous pressure of market forces as well as the government machinery.

# They were of the view that after the CM's threats local journalists were living in fear and were scared of a crackdown by the State.

# In the last three months, the TRP ratings of the two news channels had plummeted in the prime market of Hyderabad.

# They said the fear of retrenchment loomed over the 500 employees of the two channels if the blackout continued for some more time.

Some journalists, however, averred that the media was not under threat merely now but had been so for nearly three years. They said they were under pressure from the managements of media houses which have a Andhra ownership to downplay the Telangana struggle.

On the steps that needed to be taken to protect media in Telangana state, except among members owing allegiance to the TUWJ headed by Allam Narayana and a few individuals, the overwhelming sentiment was that the Government in general and the Chief Minister in particular, should instill confidence and security among media establishments and journalists.

Most journalists contended that the CM's remarks that they should salute Telangana people if they wanted to continue to live in Telangana state including Hyderabad, even though technically it is a shared capital for the next ten years, sent wrong signals to working journalists, especially among those who were born in areas in residuary Andhra Pradesh but are working in the Telangana area.

They said statements such as "Telangana for Telangana people" and "Telangana media for Telangana journalists" made by the leaders of the ruling establishment and leaders of erstwhile Telangana Journalists Forum, which transformed into TUWJ, smacked of parochialism, which was not conducive for the growth of free media and freedom of expression. There was an expectation in the journalists' fraternity that Chief Minister K.Chandrasekhar Rao, who after a long struggle achieved a separate State of Telangana, should act with maturely.

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But his recent comments against the media have changed the perception not only among the media fraternity but among the people as well.

The journalists wondered how the Chief Minister could resort to crackdown on media, which a played a positive and crucial role during his days of struggle for the creation of a separate Telangana state. They felt that his comment were irresponsible, unacceptably and unwarranted.

General Observations Of The Committee(1) It is expected from those who are in public life and power politics to

exercise restraint and behave in a responsible and gracious manner. The Chief Minister of a state is expected to behave even more responsibly and in a democratic manner.

However, on 9 September, 2014, the manner in which the Chief Minister K. Chandrashekhar Rao threatened the very media which played a crucial role in fulfilling his dream of the creation of a new state of Telangana goes against the very fundamentals of democracy and hence is unacceptable.

The Committee was concerned that the CM publicly thanked and saluted the MSOs for not airing TV9 and ABN Andhra Jyothy. He further threatened that if the media still did not fall in line, then he would teach them a lesson.

The hon'ble chief minister said (loosely translated from the original Telugu):

""If anybody tries to denigrate or hurt the self-respect of Telangana, Telangana Assembly, Telangana culture... We will break their necks. Be careful. Beware or else we will bury you 10km (under the earth)...

"We will not allow media to play games. If you do more, you will face more. I am telling you as the chief minister; if you want to stay and live here, salute us and stay. Respect our Telangana people and stay here,".

The Committee is in agreement that the threats were not only limited to the two news channels, TV9 and ABN•Andhra Jyothy, but to the entire media community in Telangana. The Committee is of the opinion that the threats issued by the CM constitute not only an attack on the media but are also in violation of Article 19 1 (a) of the Constitution of India.

The Committee believes that the threat of banishment of journalists on the basis of their nativity from the State by the CM, violates the Article 19 1(g) of the Indian Constitution, which gives right to live anywhere in the country.

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The Chief Minister of a State should act in accordance with the provisions of the Constitution of India and the Committee hopes that the Telangana CM would in future follow the rule of law and ensure safety and security of the journalists and desist from threatening the media and journalists.

There many avenues in a democratic set up to deal with the media if it crosses its limits. The Hon'ble CM of Telangana was free to follow these measures.But the manner in which he threatened the fourth State was unwarranted and doesn't behove of the high office he holds.

(2) In a democracy the media is considered as a watch dog and it is expected to practice responsible journalism and discharge its duty with decency and as per the aspirations of the people. However, the overwhelming opinion among the people of the State, including of some of the journalists who deposed before the Committee, was that TV9 had depicted the character of the MLAs and the Ministers of the Telangana state in poor light.

TV news channels may enjoy the freedom to air creative shows and programs but they cannot claim the right to assassination of the character of a public representative in a democratic society in name of satire. Greater editorial rigour should have preceded the telecast of the offending programme.

The Committee understands the sentiments of the legislators. The news channel itself conceded its mistake, apologized to the Speaker in writing and ran the apology in a crawler on the channel for a full 24 hours. The Committee felt that the matter should have been left there.

The issue became a matter of the Privileges Committee of the Assembly, but the Speaker's decision is awaited even after over 120 days of the incident. This can only have serious financial implications for news channels in a period of severe revenue downturn.

While journalists in both hearings could pinpoint the reason why TV9 was under siege, the Committee observed that no specific rationale was available as to why ABN Andhra Jyothy had been meted out similar treatment.

Findings of The CommitteeBased on the evidence and arguments placed before the Committee, it is

proved beyond doubt that :

1. The Chief Minister of Telangana did make the statements attributed to him from a public platform that he would break the necks and bury media

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persons and that they should salute the Telangana people if they wish to live in Telangana. By making these statements from a public platform, the Chief Minister of Telangana violated the letter and spirit of Article 19 (1) (a),(e) and (g) of the Constitution of India. A poetic flourish is no license for tendentious remarks in a charged atmosphere.

2. Journalists, managements and media houses operating from Hyderabad City and other places in Telangana state, especially those hailing from natives place which now fall in the residuary Andhra Pradesh, are feeling threatened and intimidated after the recent turn of events, where the State government is seen as a willing partner or a silent spectator to lumpen elements seeking to throttle media freedom by strangulating dissemination.

3. The defiant continuation of the blackout of the two news channels despite interventions of the Rajya Sabha, the Union Ministry of State for Information and Broadcasting, and the Telecom Disputes Settlement and Appellate Tribunal shows a brazen disregard of the State government for the rule of law and a reluctance to use the powers vested in it to ensure security for media houses and media professionals to conduct their business.

4. The committee feels that it was not possible for the MSOs to continue the blackout of transmission of two channels except with the backing of the ruling establishment. It was clear after the Siticable and Digicable operators resumed the transmission and discontinued it within few hours after the Telecom Disputes Appellate Tribunal declared their action illegal.

Recommendations1. The Press Council of India and the Government of India should impress

upon the Chief Minister of Telangana state that blatant threats to the media and media personnel violates the oath of office he took to protect and defend the Constitution of India and follow the rule of law.

2. The Chief Minister of Telangana should be directed to restrain himself from making provocative statements against journalists or in saluting and supporting organizations which seek to limit the flow of information to the people, on the basis of nativity or domicile status.

3. The State Government of Telangana should be directed to take immediate action to create the conditions and atmosphere where free and fair journalism can be practiced by print and electronic journalists without fear

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of retribution by the state or the sword of "business terrorism" by non-state actors.

4. All the cases registered against journalists for participating in protest actions should be withdrawn or fast tracked. Prompt action should be taken against the police official responsible for attacking the journalists and roughing up women journalists at Hyderabad and Warangal. The photographers and videographers whose equipment was damaged during the police action should be compensated.

5. The State should not discriminate against the journalists on the ground of their nativity.

6. The State Government should immediately take steps to enable MSOs to withdraw their illegal blackout of TV 9 and ABN Andhra Jyothy in the interest of freedom of media and people's right to know, as enshrined in the Constitution.

7. Print and electronic media organizations must put in place sterner mechanisms for greater editorial scrutiny of public interest journalism.

The Convener rejected the proposal of the Commissioner of Information and Public Relations, Mr Chandravadan, lAS, that the Committee should not allow the electronic media to cover the proceedings of the public hearings lest it embarrass the state government if there was adverse criticism from journalists, on the ground that the PCI never believed in closed door hearings. Doing so would send a wrong message to the people of the State and also went against the convention followed by PCI, which believes in transparency.

The Committee sought appointments with the Chief Minister of Telangana, the Chief Secretary and the Director General of Police to elicit their views on the points of reference made to the committee. They waited on both days for the confirmation of appointments but to no avail.

The Committee records its appreciation for the arrangements made by the Information and Public Relations Department, Government of Telangana for their stay and travel in Hyderabad and Warangal.

The Committee acknowledges the courage of the journalists who expressed their views without fear.

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Chapter-VIIReport on Attacks on Media Persons by the Police at

Barwala, Hissar, Haryana dated 19.11.2014The Chairman of the Press Council of India, in an order issued on 19

November 2014, set up a four-member Fact Finding Committee consisting of Sondeep Shankar (Convenor), Kosuri Amarnath, Rajeev Ranjan Nag and Krishna Prasad (Members) to probe reports of large scale violence against media persons and damage to media equipment by Haryana Police at Barwala in Hissar district on 18 November 2014.

The Committee visited Chandigarh, Barwala and Hissar from November 21 to 23, 2014 to meet and talk with over 120 media persons, including those who were attacked or whose cameras and other equipment were damaged.

The Committee held a similar hearing in New Delhi on November 25. All journalists were encouraged to speak freely and present written memoranda if need be.

To get the Haryana State Government's view, the Committee met the Chief Minister of Haryana, Shri Manohar Lal Khattar; the Director General of Haryana Police, Shri S.N. Vashist; the Inspector General Hissar range Shri Anil Rao, and Senior Superintendent of Police Hissar, Shri Satyendra Kumar Gupta, among others.

The Committee's key finding is that the assault on media personnel and equipment amounts to a "prima facie violation of fundamental freedom guaranteed to the media under Article 19 (1)(a) of the Constitution".

The Incident

The following is the trajectory of events leading up to the murderous assault on the media, on the basis of our hearings:

Media teams were camping in the open areas outside the Satlok Ashram in Barwala anticipating the arrest of self-styled godman ‘Baba’ Rampal after the Punjab and Haryana High Court had issued a non-bailable warrant against him.

In view of the perceived threats from the Ashram inmates, media was positioned behind a police barricade, at a distance of about 500 metres away from the Ashram gates.

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On 18 November 2014, there was a build-up of Haryana Police force outside the main gates of the Ashram. A large force was deployed anticipating violence and attack on police from inside the ashram.

Media was not allowed to come anywhere beyond the barricade by Haryana Police.

When the police action started with water cannons and bulldozers, several media persons called the DGP in Chandigarh to seek his intervention in allowing access. This was orally granted by the DGP due to the paucity of time for a written order.

A list of 86 media persons was prepared on the spot and submitted to police and an officer of DSP rank (who could not be identified) was tasked to escort the media, where the action was in progress.

According to several media persons, once they were inside, they could not spot the DSP anywhere.

The situation outside the Ashram was tense because of a human shield formed by the inmates of the ashram consisting of women and children, which the Haryana Police was not trained to break in a professional manner.

Water cannons and lathi charge was resorted to by the police break this impasse which created confusion and ugly scenes. Several camera persons while they were recording images were hit by police lathis from behind. When these camera persons turned around to show their media IDs to the policemen attacking them, they were brutally assaulted and injured.

According to all journalists the Committee met:

• “The attack on the media began despite proper permission from police authorities.”

• “The journalists were specifically targeted by police from behind and repeatedly beaten up with lathis and rods.”

• “The cameras of the media personnel was purposefully destroyed and memory cards removed.”

• “The mobile phones of several media personnel was snatched away denying access.”

No district official or senior police: official was present at the operation site.

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DepositionsBelow are some of the first-person accounts of media persons made at the

four hearings:

TV Today Network’s cameraman Shakeel Ahmed: “On 18 November, around 11.30 am, while the police was having a hard time controlling the agitated disciples I was covering the same at a fine distance from the ashram behind the policemen engaged with the angry disciples.

Even as this was on, suddenly from behind without any warning a policeman hit me hard with his ‘duty stick’ and asked me to throw away my camera. When I didn’t do that he hit me again and again in my hand, back, leg asking repeatedly to drop the camera. I ran from the place towards the fields and somehow managed to reached towards my 08 van. Along the way 3 more policemen slapped me seeing camera in my hand. I was badly beaten and had immense pain in hand, back and leg. In my 30 years in the media, this was the worst attack ever.”

Photographer of newspaper Nabhchor in Hissar, Bansilal in a written statement: “I was shooting photographs with a Sony A-58 camera from a distance when some policemen ran towards me and snatched and took away my camera, camera bag consisting of my Press Card, driving license, ATM cards, camera and mobile charger and cash amount of Rs 1,530.00. I was attacked with batons fracturing my left arm and several bruises all over my body. The policemen were shouting that they were teaching me a lesson for taking photographs.” Photographer Bansilal cannot do any work till his plaster is removed for the next at least six weeks.

Cameraman Surendra Singh of ETV News, Hissar lost his Panasonic P2 camera with a 32GB memory card and mobile phone.

While Surendra Singh was shooting from a distance from the ashram. He was mercilessly beaten with batons/ sticks resulting in internal injuries and bruises. Surendra Singh was admitted to the General Hospital in Hissar and news of his injury and loss of equipment was published in newspapers.

Cameraman Sumit Kaler from ABP News along with reporter Napinder Singh Brar was in Hissar for six days. Kaler further says “we were attacked out of blue while I was covering from an area we were allowed to report from. Suddenly the Police ordered us to move back and we tried to move away gradually. We tried t6 run from there. But I was stuck there as five policemen surrounded me and kept hitting me. My Panasonic camera was taken away forcefully and the card

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was missing after it was returned. And it was returned in a very bad condition, so much so that it can’t be used now: My left arm has been broken. Doctors have inserted a plate to support my broken arm. I underwent an operation on 20 November 2014. Apart from this major injury, because of which I will never be able to carry heavy weight, my whole body has suffered many other injuries. The fact of the matter is that apart from us our driver Dalwinder was also attacked by several policemen. He was admitted as well”.

Bansi Dhar of ETV, Chandigarh says his cameraman was not just beaten, but after he had fallen down, he was beaten on the sole of his feet.

Siddharth Pandey of NDTV, New Delhi said the police probably lost their balance after some of their lady colleagues were attacked in the ashram by lady inmates.

All the above accounts from the media persons are similar. This seems to be a very well co-ordinated and well timed attack on media persons. It took just 30 minutes for the police to clear the entire operational area of the media persons after they were escorted in.

It appears that the police did not want media persons to witness the operation and especially their action of water cannon and lathi charge on the women and children who were being used as a “human shield” by ashram authorities.

Police ViewThe Director General of Police S.N. Vashisht said that acting on a telephone

conversation with some TV representatives who were on the spot, he gave “oral” permission to IGP Anil Kumar to allow the media in beyond the barricades, because a written order would have taken time.

He said he deeply regretted the manhandling of the media because it robbed Haryana Police of its share of glory after “one of the most professionally conducted operations” in India, in which not a single bullet was fired.

He reiterated time and again that the attack on the media was an “individual failure” rather than a collective one.

The DGP, however, sought to make a moral equivalence between the attack on the media and plight of the 20,000 inmates of the ashram. “The NHRC is also inquiring into the attack on the media. Are the lives of 20,000 people less important than those of the media personnel injured in the attack?”

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On being pressed further about the assault, the DGP said that a departmental enquiry would be conducted and if anyone is found to be guilty, they would be punished.

For his part, the Inspector General of Police Anil Rao said in an operation like this one, it would be unfair to isolate one incident or action [against the media] and extrapolate it to the entire operation.

The Honourable chief minister of Haryana, Manohar Lal Khattar, echoed the DGP’s views and said he would await the departmental inquiry before pronouncing the verdict. But he reassured that his government was sensitive to the concerns of the media.

General Observations# Television channels were airing disturbing visuals of persons, who had

been injured in the police action, being dragged out of the operational area by policemen in a most inhuman manner. Haryana Police employed unconstitutional and inhuman tactics to prevent the media from discharging its duties.

# Police and the local administration failed to rise to the situation and behaved like predators, resorting to brute force; against media persons doing their duty. This showed lack of training and discipline, and a complete disregard to human rights.

# Instance of constabulary attacking a Superintendent rank IPS officer shows a highly undisciplined Haryana police force.

# Conduct of the senior officers present at the scene of the incident, IGP Anil Rao, and SP Satyendra Kumar Gupta, leaves much to be desired and does not inspire confidence.

# Committee was shocked to know that even after four days, Police officials were in denial of the injuries to media persons. On the other hand, the Police was busy in covering up the case, and hiding the truth even from the Chief Minister and top state officials.

# The Police Station at Barwala refused to accept FIRs from media persons even on the day this committee members visited Hissar i.e November 23, 2014. It was only after the Committee brought this to the DGP’s notice that he ordered the SP to accept all FIRs personally.

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Findings

1) The mysterious disappearance of the police officer of DSP rank, who had been tasked to lead the media in and ensure their safety during coverage, disproves the DGP’s claim that this was an accidental attack or an ‘individual failure”.

2) The ferocity and frequency of the blows on the media personnel and the wholesale damage to equipment by strongly built men in police uniform strengthens the perception that this was a “deliberate, pre-meditated and well-planned” assault on media freedom.

3) The ease and precision with which the attacking police personnel managed to remove the memory cards containing footage shows that policemen who were well aware of how TV cameras work were deployed to prevent the TV media from performing their duties of covering a legitimate news event.

4) The denial of ambulance facilities by the police to injured media personnel, the damage to Outdoor Broadcast (08) vans and motorcycles of media personnel, and the phraseology of the verbal threats issued to them shows that media was the •target of a pre meditated exercise to remove the media from the scene while the police conducted the operation.

5) The refusal of the police in Barwala to register complaints and FIRs of local media personnel affected in the attack for several days shows how lightly the Haryana police took the incident, till the DGP named the SP as a nodal officer following the Press Council team’s visit.

6) In the absence of TV footage for the crucial five hours from the time the media were assaulted from removed from the scene till the operation ended, it is impossible just what transpired in the ashram, and what the final toll was.

Recommendations

1. Investigation by the Administrative officers.2. Suspension, and transfer of the accused Policemen.3. Compensation for Camera and other equipment damaged during the

incident.4. Compensation for the injured media persons.5. Suspension/ transfer of SHO Barwala.

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6. Immediate Transfer of local IG/SSP.

7. Identification and suspension of the policemen responsible for attack on media persons and fast tracking their cases.

8. Filing of FIRs by the media persons under the adequate sections.

9. Transfer of Hissar District Magistrate and

10. The false cases foisted on media persons should be withdrawn immediately

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Chapter-VIIIReport on Attack on Media During Violence in

Faizabad dated 13.3.2015Justice Mr. Markandey Katju, Chairman, Press Council of India

constituted one-member committee of Shri Sheetla Singh under section 8(1) 0f the Press Council Act, 1978 on 30.10.2012 on the complaint of Ms Teesta Seetalwad, Joint Editor, Communism Combat, Sabrang Communication and publishing pvt ltd, Juhu, Mumbai regarding incidents of communal violence, arson and plunder occurred in the office of Aapki Takat newspaper on 24October, 2012 in Faizabad and thereafter in Chowk Bhadarsa, Roodauli and other places.

The committee organized several inquiry sessions, heard all press media organizations, police and administrative officers, riots affected persons and other parties and conducted videography of all the incidents also.

Attack on Aapki Takat (Weekly)

According to the letter dated 7.11.2012 of Shri Manzar Mehndi, Editor, Aapki Takat, on 24 October around 11 pm when he came to Chowk, there was darkness all around, shops were burning there and fire brigade was extinguishing the fire. He requested D.M and S.P, who were present there at that time, to accompany him on the top of the mosque, they wanted to visit their office where plundering occurred. MLA of Ayodhya and District President of Samajwadi Party with both the senior officers came on the top of the mosque, shop of Shadab, who was doing glass business near his office was totally burnt. Rioters looted the computers, cameras and laptops etc from his office, sabotage occurred in his office on large scale. According to Shri Manzar Mehndi, riots of 24th October, 2012 were planned. Shops of Muslim were selected for burning. The name plate of the editor of Aapki Takat was targeted. He also stated that he do not have enmity with anyone. The newspaper ‘Apki takat’ is published in Hindi as well as Urdu which has a slogan- ‘Hindu-Muslim two brothers’ and ‘Hindi-Urdu two sisters’. The main purpose of this incident is that he belongs to the Muslim community. In the issue of 29th November of Aapki Takat, reason for these riots was mentioned as an incident of eve-teasing. Nobody knows his name, address. No complaint is filed in Police Station by girl or her family. In his opinion, since the shops of Muslims were chosen and burnt, enemies of the country who might be their enemies also, attacked their office for communal reasons. He says that

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he always writes about national unity, mutual amicability and fraternity in his newspaper and organizes programs of fraternity under the aegis of his society, named ‘Guldasta Production Society’. He denies that this incident was a repercussion of his writings. On the contrary, he stated that this incident occurred only due to communal reasons.

Role of newspapers and details of facts, views and comments produced by them with serial wise details of incidents can be seen in enclosures A, B and C.

Support by State Government

During inquiry, U.P Government made arrangements for publication of communiqués relating to inquiry, in the form of advertisements in newspapers, provided office for hearing, arranged official vehicles for hearings and visits and also made arrangement for videography of each and every incident.

An employee of information department was deputed to assist the Committee. It was only due to the efforts made by Chief Minister and the State Government, that the officer who was suspended and DM, who was transferred, came to record their statements before the Committee. They sent Police Superintendent (city) Subhash Vaget as their representative to present their case before the committee. In this manner, Chief Minister and the State Government gave full support to the committee.

Findings

1. The reason behind attack on weekly newspaper Aapki Takat of Faizabad was not because of news writing or views but because of the caste and creed of the editor during communal violence.

2. The reason for unprofessional reporting of newspapers was their tendency to save themselves from communalism and prescribed code of conduct for reporting of these riots, was not followed.

Suggestions and recommendations

Report relating to Faizabad communal riots has two parts: first, attack on Aapki Takat, which is situated on the upper part of the mosque in Faizabad and second, irresponsible reporting of newspapers and finding its reasons so as to avoid repetition in future. During inquiry, this fact has come to light that riots in Faizabad and near-by areas, attack on newspapers and unprofessional reporting of the newspapers, these three issues are interlinked. They cannot be

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separated as the editor of ‘Aapki Takat’, Shri Manzar Mehndi stated that the reason of attack, sabotage and arson in his office was not the publication of writings, report or comments but he belonged to a particular community. Simultaneously, there was an allegation on newspapers also, that their two months reporting, many parts of which were enclosed in the records, was against the minority. Therefore, this whole incident seems to be interdependent. Hence, this report linked with press and communal riots cannot be separated. Therefore, it would be convenient for Press Council to organize a training programme for those newspapers which have violated the norms and code of conduct formulated by the council, resulting communal riots. The role of newspapers, alleged to have promoted communal riots and communism through newspapers, be considered while providing facilities to journalists in future. State government may formulate rule or laws for its compliance and to handle this situation. As far as role and behavior of officers of administration is concerned, that should also be left for the State Government to decide upon at its discretion.

Annexure- A

On the night of September 21st 2012, three idols were stolen from the famous Devkali Temple. Regarding this, case no 3262 dated 22.9.12 was registered in P.S. Faizabad. On 22.9.12 shri Lallu Singh, former MLA, Shri Ramchandra Yadav, MLA, Shri Ashok Kasaudhan and others protested against stealing of idols from the temple and in this connection, a news-item was published in the issue dated 23.9.12 of Hindustan newspaper. On 23.9.2012, newspaper Hindustan published the statement of Dr. Ram Vilas Vedanti, former MP, that if an inquiry is conducted involving people of a particular community residing near temple, then everything will be clarified. Stealing of idols was stated as an attack on feelings and religion of Hindus. Manish kumar, District President, Vishwa Hindu Mahasangh and Shambhunath Jaiswal, District President, Hindu Yuva Vahini also conducted meetings of their organizations respectively. Shri Lallu Singh, former MLA and shri Vijay Gupta, chairman, Municipal Council, Faizabad urged closure. On 23.9.12, many people including Central Durga Puja Committee, Hindu Yuva Vahini participated in this closure. Workers who organized the closure and Muslim shopkeepers fought in Sabzi Mandi where Police had to intervene. In this regard, newspapers published news-items on 24.9.12.

From 21.9.12 to 12.10.12, people conducted demonstrations and protested daily against the incident of burglary of idols from the temple. Meanwhile, it was reiterated that stealing of idols is an attack on Hinduism. Role of Police in protest was questioned and temples were also closed. Police station was blocked and

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people participated in silent processions. These processions occurred everyday and news-items regarding this were also published. Hindustan published these news-items in its issues dated 26,27,28 and 30.9.12. News-items were also published on 2nd and 7th October in newspaper “Hindustan”.

The president of Hindu Yuva Vahini, M.P., Yogi Adityanath, in connection with Devkali Temple had a public meeting with religious preceptors on 13.10.12 where he stated that burglary of idols was an attack on Hinduism and anti-Hindu government ruled in that province. Meanwhile, he gave many provoking statements and also sung provoking songs. He said that they were attacking on their beliefs. They were humiliated everywhere. It is unfortunate that Hindu has become weak and supportless. People living with us are getting all the facilities and attacking on their beliefs. Such people should be identified. In Ayodhya, secularists cried a lot on breaking of the structure, which was a symbol of slavery. Harassment of Hindus in Kashmir is being ignored by these people. Secularism was in danger when a befitting reply was given to it in Assam.

Shri Vedanti, former M.P. stated that when terrorists attacked Ram Janmbhoomi, a vehicle with this flag of the same party, carried terrorists and explosives. Police released driver without taking any action against him.

On 14 October 2012, newspapers Amar Ujala, Dainik Jagran, Hindustan and Rashtriya Sahara published the statements of Yogi Adityanath, Shri Vedanti and others. Former M.P. Dr. Ram Vilas Vedanti said that during the rule of Samajwadi Party, incidents of attack on belief of Hindus increased. They stated that the possibility of having support of any terrorist organization in the act of stealing idols cannot be ruled out. Kripa Nidhan Tiwari, custodian of Chanakya Council, threatened self-immolation. Procession followed by demonstration on October 15th started.

It is clear from the above mentioned details that after the burglary of idols on the night of September 21st 2012, Shri Lallu Singh, former MLA, BJP, Ramchandra Yadav, MLA, BJP, and Ashok Kasaudhan, Chairman, Municipality, Roodauli and others organized demonstrations and processions, in which Yogi Adityanath, M.P., BJP, also the President of Hindu Yuva Vahini and Shri Vedanti, former M.P. also participated. All of them in their speeches and statements linked the burglary of idols with Muslims and also targeted government of Samajwadi Party. This gave anti-Muslim message to innocent people and spread hatred which took fatal form on October 24th 2012. This incident of burglary of idols occurred like the incidents of burglary of idols in other temples and in which

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legal action is taken to arrest the criminals but they are not utilised for spreading communal violence or hatred. Stealing of idols of Devkali Temple was taken as an attack on Hindu beliefs and government of Samajwadi Party stating possibility of terrorists behind the incident was targeted. It was inspired by politics and was not justified. It seems to be done deliberately with a well planned conspiracy to get the political advantage. In this regard, Shri K.P.Singh, whose complaint is enclosed, also questions the role of Media.

As far as incidents taking place on October 24th 2012, including incidents occurred in Alwana, Bigniapur, Shujaganj, Bhadarsa and rural areas like Tarun, Bikapur and PS Inayatnagar are concerned, brief details are given below:-

Chain of incidents of October 24th:-

Alwana

Pawan kumar registered Cr. no. 1014/12 U/S 147, 323, 427, 506 of IPC in PS Roodauli against Imtiyaz and 15 others. Ramesh Chandra, Rajkumar, Sanjeev Kumar and others signed this report as petitioners. Ramesh Chandra, who described himself as a member of Bajrang Dal is the convener of procession for idol dispersion. According to the report, at 12 noon on October 24th, when tractor trolley reached in front of Imtiyaz’s house, a small kid started crying and when he tried to get down from the trolley, Imtiyaz told that trolley would not move forward. Muslim boys whose names are mentioned in the report, boarded the trolley, broke all the idols and beaten up women and children.

In the said report, the reason given by complainant Pawan kumar for stopping trolley by Imtiyaz is illogical. It seems that it is a story composed by Pawan kumar. (Another allegation in the report is that all the idols were broken.) It is not true as the video film of the incident, Shri Asat Hayat produced before the Committee by Shri Asat Hayat as an evidence, was seen and it was found that idol of Durga is safe and isn’t broken. This idol is placed in Alwana near primary school which is located in the outer area of the village after crossing Imtiyaz’s house. In this way, the allegation of Pawan kumar that Muslim boys whose names are mentioned in the report, boarded the trolley and broke all the idols, is false. In this connection, Shri Y.P.Singh, inspector-in-charge, Roodauli registered Cr. no. 1015 U/S 147, 148, 149, 307, 332, 333, 353, 336, 435, 504, 506, 120 B of IPC regarding this incident in which Krishna dutt pathak, Ramchandra Yadav, MLA and said Pawan kumar with 17 others have been identified as accused. It is mentioned in the report that Ram Chandra Yadav, MLA has spread

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rumour in Roodauli and other places that Muslims had broken the idol of Durga in Alwana and are not allowing the procession to proceed. The complainant has also stated that when he reached Alwana village around 3:30 pm, idol of Durga was placed in trolley infront of primary school located outside village and was not broken. But they were not agree even after persuasion. In the meantime, 2000-3000 people from near-by villages came and all accused including Krishna dutt pathak, above mentioned Pawan kumar and others entered into Muslim colony where Krishna dutt pathak delivered provoking speech for communal hatred and violence. He asked them if police restricted them to proceed further, they might beatup the policemen. The accused attacked, beaten up the policemen, injured them, burned their vehicles, took the idol with them and ran away. According to PS Roodauli, Krishna dutt pathak belongs to Gujarat.

It is clear from the said details that the idol was safe and Pawan kumar and other accused spread the rumour of broken idol resulting in violence. Thus, it is proved that Ram Chandra Yadav, MLA conspired in connivance with accused Pawan kumar, Krishna dutt pathak and others. The committee has recorded the statement of Shri Yogendra pratap singh, inspector-in- charge on 24.11.12 who reiterated details mentioned earlier in his report and supported the same.

Mohd. Ali, son of Imtiyaz registered Cr. no 1018/12 U/S 143, 295 (A), 427, 504, 336, 506, 452 of IPC against said Pawan Kumar and 52 others regarding the said incident in which it is stated that the accused in groups started sabotage and plundering in Muslim houses of the village. It is alleged that they have broken the dome of the mosque.

Incidents- Bhelsar, Biginiapur, Shujaganj

Following the incident of Alwana, the shops and houses of Muslims at Bhelsar Chauraha were looted and burned at the instance of Ram Chandra Yadav, MLA and Ashok Kasaudhan, chairman, Roodauli. Their vehicles were broken. The pedestrians were beaten up. Aseem akhtar registered Cr no 1016/12 U/S 147, 336, 427, 504 of IPC in PS Roodauli regarding this incident. This case was registered against 21 accused including Ram Chandra Yadav, MLA, Ashok Kasaudhan, Chairman. Maulana Mohd. Asif, Chairman, Mosque (Bhelsar) registered Cr. no 1020/12 U/S 143, 295 (A), 427, 336, 323 of IPC in PS Roodauli against Roshan Paswan and 55 others that accused resorted to stone pelting on Mosque and broken shops of Muslims around 4 pm. Investigation is being done in both the cases. Shri Yogendra Pratap Singh, inspector-in- charge has in his statement said that rioters jammed Bhelsar T- point and National Road T-point

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which got cleared by Superintendent of Police and District Officer, in response, the kiosks of Muslims got damaged and burned two thatched roofs at Biginiapur. Riaz Ahmed registered Cr no. 1019 U/S 143, 295, 29A, 427, 504, 436, 336 of IPC against Hari Sharan and 27 others with respect to this incident occurred on October 24th, 2012 in Biginiapur, in which said accused looted, broke and burned the shops of Muslims. They broke the mosque and also tried to burn Muslims alive. Victim shopkeepers namely Zuber, Nayeem, Sher Mohammad, Shamim Hayat, Alkalim Ameem Waseem, Ateek, Ashiq AliHashim, Aleem Hanif Haseeb Kallu, Akbar Ali, Munir Ahmed registered a case under section 143, 506, 295A of IPC in PS Roodauli against Vinod Singh and 7 others that on 24.10.12, accused damaged pillars supplying power to mosque, jammed the roads by cutting trees and shouted anti-Islam slogans and threatened to kill their lives.

Incidents of village Alwana, Bhelsar Chauraha, Biginiapur and Shujaganj were interlinked relating to same persons, MLA, Roodauli and Chairman, Roodauli whose supporters, Pawan kumar, Krishna dutt pathak and others are accused in the registered cases. Shri Ram Chandra Yadav performed leading role to hatch conspiracy for riots. First of all, he organized ‘Dharna’ following stealing of idols from Devkali Temple.

Incidents of town Bhadarsa and rural areasOn 24.10.12, around 4 pm in Bhadarsa, it was very calm and no communal

tension was there. Around 5:30 pm in the evening, procession for dispersion of idols started causing stampede. As a result, contradictory facts came to light. Anurag Gupta filed Cr. no 684/12 U/S 147, 148, 149, 506, 302 of IPC in which 13 including Saddu Qureshi described as accused. It is stated in the report that the said accused shouted near big Mosque ‘kill them and do not spare anyone’. In response, Iqbal caught Durga Prasad and Saddu attacked him with a knife on his back. People started showering bricks and Durga Prasad died. In cross version to Anurag Gupta’s report, Jabbar, son of Tauheed U/S 156(3) C.R.P.C has given application to the court that Police Station has not registered his report. He has stated in his application that during the procession, a boy named Guppi spread a rumour that the idol has been broken near Roodauli and Rambodh Soni, Ramu Soni, Bhagwati Prasad alias Dayalu Bhola Master alias Bhagwati Gupta and others came and stated that MLA, Roodauli has asked to stop procession and dispersion. Muslims have insulted Mataji. In response,these people started stone pelting, plundered and arson in the shops of Tauheed and others. When Tauheed asked them not to do so, the said people challenged them and asked in abusive language to kill them and when Guppi

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came forward with an intention to kill Tauheed, he went back and the knife hit Durga Prasad, who was standing near Tauheed causing his death. Many people saw this incident and shops of Tauheed and others were damaged badly. Shri Chandra bhan Yadav, Station Head, Pura Kalandar registered Cr no. 686/12 U/S 144, 147, 148, 149, 296, 332, 353, 323, 307, 436, 427, 153 of IPC in which he has stated that he came to know that people belonging to two different communities were abusing and fighting with each other and when he reached there, he saw that somebody had killed Durga Prasad with a knife. People belonging to both the communities burned shops, houses and even vehicles of fire brigade. It is clear from above mentioned report, that station head was not present when Durga Prasad was murdered and when he reached there, Durga Prasad was already stabbed. But nobody apprised him of the culprit, whereas family of the victim was very much there and they were taking him to hospital. Thus, name of the culprit/killer was not disclosed. Report registered by Anurag Gupta doesn’t show the purpose of killing. None of the said Muslim accused had enmity with Durga Prasad which could be the reason behind his attack. It is not clear from any report or investigation in this case that anybody else was injured. Therefore, in depth inquiry of the whole matter is required. Arif registered Cr. no. 687/12 U/S 147, 336, 394, 427 of IPC regarding arson and plundering in the shops against 44 people including Sachin, Rambodh Soni, Bhagwati alias Bhola Bhagwati alias Dayalu ram and 400-500 unknown people, that these accused looted almost 40 shops of Muslims and burned them. All of these names are mentioned in F.I.R. the list of victims of plundering and arson in Bhadarsa published by the administration carry names of total 42.

Muslim victims, who, in the evening of 24th October, were affected in the incident of violence while kiosks of Laxmi Prasad and Mithlesh caught fire from the burned shops of Muslims. The administration calculated Rs. 1000 only as total loss for sabotage in Ambika’s shop. Chandan’s biscuit shop was also affected in the same manner. These four Hindus haven’t registered any case against any Muslim. On 24th October, houses and shops of 11 Muslims were looted and burned outside Bhadarsa and village Nandi (Bharatkund). Thus, no. of Muslim victims is more than 50 who were affected in the violence in Bhadarsa on 24th October. Reports registered by Anurag Gupta and Station Head do not give any satisfactory reply to the question, as to why did Muslims attack on the procession because it is not possible for them to bear attack as well as plunder and burn more than 50 houses and shops of the people of their own community. Therefore, attack on the procession and murder of Durga Prasad by Muslims should be

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investigated in depth. Fire fighting officer has alleged in his statement that people of Durgavahini team have burnt the fire fighting vehicle and bus (public transportation) on Allahabad road in Bharatkund.

Impact of incidents in Bhadarsa on 24th OctoberIt is mentioned in entry no 20 of general diary of PS Pura Kalandar on 26th

October,2012 that after going through the news-items published in newspapers Dainik Jagran, Hindustan, Amar-Ujala, wrath for each other in people belonging to different communities has emerged and people are horrified in Bhadarsa and near-by areas lacking communal harmony. There is no public system in the area. Even today, the roads of Bhadarsa and near-by areas are lonely due to fear and terror. Victims have registered so many reports regarding incidents that took place on 24th and 25th October. Mohammad Ismail registered Cr. no. 699/12, Shamshuddin registered Cr. no. 701/12, Abdul Waheed registered Cr. no. 701A/12, Israel Khan registered Cr. no. 701B/12, Shaukatullah registered Cr. no. 688A and Mohammad Ishtiyak registered Cr. no. 688 /12. S.O Chandrabhan Yadav has mentioned the incidents which occurred on the night of 26th October in entry no 14 at 2:30 pm on 27.10.12, in which it is written that villages like Fatehpur, Jivpur, Kailkeshavpur, Mirzapur, Nimauli, Meerajain, Babhgan etc also gave information regarding incidents of the arson and violence over phone. In Phulwariya locality, huts and houses burned from all the directions within a mile or two and provoking slogans and flames of fire could be seen. Police force and officers were surrounded by two thousand rioters. Meanwhile, it was informed that PAC on section duty in Lalpur had been surrounded by one thousand miscreants.

Question arises following above mentioned statement given by station head as to why did the administration not impose curfew in Bhadarsa and near-by rural areas on the night of 24th October giving opportunities to miscreants to do plundering and arson.

Anwari registered Cr no. 697A, Asgar registered Cr no. 700/12, Abdul Qayum registered Cr no. 700A/12, Mrs. Ahmedul registered Cr no. 700B/12, Ayesha Khatoon registered Cr no. 700C, Shahajaha registered Cr no. 700D, Mrs. Nazreen registered Cr no. 687/12, Jinntul Nisha registered Cr no. 698/12 and Chand Ali & Inaam Ali also gave applications to register their reports. In Karma Kodri village, kiosk of Mohammad Riyaz was burnt by which nearby kiosk of Harish Kumar also caught fire. At Mohsinpur Akwara Chauraha, a merchandise kiosk of Jeemrul, wife of Hanif, was burnt. Their reports regarding the said incidents were not registered in PS Pura Kalandar and neither any action was taken on

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registered letter sent to senior Superintendent of Police on 5th November, 2012 nor they were given any interim compensation.

Incidents of PS Tarun and PS Bikapur

Shakil Ahmed registered Cr no. 670/12 in PS Bikapur against Luttar Shukla, 15 others and 150 unknown people that these accused burnt the shops and houses of 11 Muslims. Abdul Salam registered Cr no. 669/12 in PS Bikapur in which Ashok Gupta, Siyaram Nishad and others termed as accused. The incidents of arson took place in villages like Rampure, Bajaj Baburiya, Ondha, Tenduamafi, Toromafi, Sherpur Ichhori, Sherpur Kotwali and Dashrathpur under PS Bikapur arson and plundering also took place in villages like Parmanandpur, Gayaspur, Rampur Bhagan etc under PS Tarun. Arson also took place in village Semra Chikdi and Paliya Lohani of Milkipur Tehsil. Tilkaram registered a report in PS Tarun in which it was stated that miscreants resorted to arson and plundered the house, tent house and two shops of Mohd. Ameeem. The above said incidents of arson and plundering occurred in villages under PS Tarun and PS Bikapur, were intended to affect Muslims with a well-planned conspiracy. Miscreants and accused in these incidents fulfilled the objective of intrigers who resorted to arson and plundering in Bhadarsa and its rural areas under PS Pura Kalandar and Alwana, Bigniapur, Bhelasar and Shujaganj under PS Roodauli. The committee took photographs of all these places which were enclosed with this report. Mr. Shalabh kumar Kashyap, Assistant Accountant, U.P Information department worked on it.

Incidents of PS Inayatnagar

Communal rioters killed Mohd. Umar on 25th October,2012 in Shahganj and in this incident, Umar’s son, Maroof got injured who registered Cr no. 879/12 U/S 147, 148, 149, 323, 504, 506, 302, 120B of IPC in which 21 persons were termed as accused. According to the report, on 25th October 2012, when he was working in the fields with his father, Mohd. Umar, so called accused came there and started beating them due to which Umar died on the spot and he ran away to save his life. The incidents preceeding this incident are as follows:

Mishri Lal registered Cr case no. 877/12 U/S 147, 148, 149, 308 in which it was stated that on the night of 23rd October, Shakeel and 7 other Muslims tried to kill his son and injured him. As a second version of this incident, S.O, Shri Ram Swaroop Kamal registered Cr. case report no. 878/12 in which it was stated that on the night of 23rd October, he saw that 100-150 people including Mishri Lal, were stone pelting at Shakeel’s house and family members of Shakeel were stone

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pelting on Mishri Lal and others from the roof. Both the parties were persuaded but Mishri Lal and his associates were not agree. Next day, on 24th October, 5 Durga Pooja Committees decided not to disperse the idol until the criminals are apprehended. Shri Rajesh Kumar, A.D.M, Administration, Shri Subhash Singh Baghel, S.P, R.A, Shri R.P.Mishra, D.M., Bikapur and D.M. Milkipur tried to resolve the issue but office bearers of Durga Pooja Committees disagreed and they attempted to get the market closed and alleged that the Muslims started stone pelting on behalf of Filkhana Mohalla as a result the public got agitated and started resorting to arson and plundering in the shops and houses of Muslims even in the presence of Police and P.A.C. Newspaper Hindustan has published a news-item on page no. 4 of its issue dated 26.10.12 regarding this incident. Following this incident, police registered a case regarding attack on Maroof and the death of Umar only and reports of other Muslims, whose houses and shops were burnt, were not registered while the victims continued to come to Police Station to get their reports registered. The victims sent applications to Senior Superintendent of Police which were included in the details of Cr. case no. 879 on his orders. The victims Bakhtiyar, Shakil, Kalimullah, Jameel Akbar, Hamid Irdis, Nabi Ahmed, Zakir Sharif, Mubin Chedi, Ishtiyak and Shehnaz got interim aid from the state government but they could not get their reports registered even after so many attempts. Victims Gufran, Mukhtar, Tarik, Rayees, Sami, Ateek, Mukim and Shuja neither got the interim aid nor their report was registered. Investigating officer recorded statements of Hamid, Kalimullah, Nabi Irdis, Munna Chedi, Anwar Shakeel, Jaleel Shehnaz, Bakhtiyar, Zakir, Mubin, Gufran, Tarik, Lateef Kalim, Ateek under section 161 regarding this incident. Photographs of shopping centers of of Shakeel Kalim, Rauf Zakir, Shafik, , Gufran Mukhtar, Kalimullah & Mubin and shops and houses of Jamli Akbar, Mukim, Takir Irdis, Ateek, Hamid Irdis were included in the report. On 5.11.12, investigation officer mentioned in case diary that applications, forwarded by victims to Superintendent of Police to get their cases registered, were baseless and intended to mislead investigation. Investigating officer relied upon affidavits of 20 people in which they had mentioned that Umar was not killed by Baniyas. They only shouted slogans and caused destruction while the Luniya group killed Umar. Information regarding the affidavits is available in case diary dated 21.11.12. Mr. Asad Hayat made the entire case diary available to inquiry committee. The investigating officer did not file chargesheet against the accused from baniya community whereas Maroof and his witnesses have associated the aforesaid people with the murder. Thus, investigation has been done in a biased manner. Ram Chandra Yadav, MLA organized a press conference on 3rd November,2012 in which copies of report of LIU were distributed. It is written therein that Muslims burnt their own shops in order to obtain compensation. But

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the question is, what is the basis of information received by LIU. Simultaneously, we can also guess the intention behind distributing the confidential report of Police and making it available publically. Copy of said LIU report is available in record of Inquiry Committee. Hence, following conclusions can be derived from incidents in Shahganj: 1) On October 24th 2012, it was unfair on part of 5 Durga Pooja Comittees for being adamant demanding non dispersal of idols. Probably, this was done to disrupt law and order by spreading communalism and hatred. 2) A rumor was spread that Muslims from Filkhana Mohalla resorted to stone pelting resulting in agitation in public. Thereafter, shops and houses of Muslims were looted and burnt on 25th October 2012. 3) Reports of Muslim victims were not registered deliberately. 4) The statements of Muslim victims and their witnesses were not filed in fair and impartial manner and a rumor was spread that Muslims have burnt their own houses in order to obtain compensation. 5) Many Muslim victims did not get even interim compensation. 6) It is also alleged that the investigation of Umar murder case was not done in fair and impartial manner and Sanjay Gupta, Anil Gupta, Rajesh Gupta, Rakesh Gupta, Rajkumar Gupta, Pappu Soni and Anand Soni of Baniya community were acquitted from allegation of murder under section 169 on the basis of affidavits of 20 people against whom eye witnesses were available. Therefore, the action should be taken after detecting actual culprits.

Annexure-B

Incidents of Faizabad city

In veil of incident regarding stealing of Idols from Devkali Temple, communal hatred was spread in Faizabad city. On 24th October 2012, a procession for idol dispersion was organized. Mr. Deepak Aggarwal, DM issued an order and allocated areas to the officers to maintain peace. Mr Tilakdhari Singh Yadav was given the charge to maintain peace in Faizabad city. Mr Gyan Prakash Shrivastav, deputy collector deployed, at the end of the procession, had to ensure peace. This procession was scheduled to start at 10 a.m. in the morning. Mr. Bhullan Yadav, Inspector, PS Faridabad has given his written statement to the committee in which he has stated that certain people carrying idols broke the order and entered the procession when all the idols were order wise coming out from J.I.C college at 2:30 p.m. causing a dispute. The procession was in Raqabganj at 5:30 p.m. But the question is, the procession which had to start at 10 a.m., reached Raqabganj at 5:30 p.m. the question arises, how many trolleys were heading away from Raqabganj and how many were placed between Raqabganj and J.I.C College. Mr. Manoj jaiswal, Chairman,

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Central Durga Pooja Committee has submitted his written statement before the Committee and also given the list of 130 trolleys which participated in the procession. In his statement he has said that he was leading the procession and reached Meeranghat at 4 p.m. and had got dispersed the idols till no 17. Idol nos. from 18 to 43 were stopped from Sadar Bazar to TV Tower and these people were not dispersing idols. Idol no 44 to 120 were stopped between Raqabganj and Fatehganj Chowk. Mr. Manoj Jaiswal, further in his statement stated that Suryakant Pandey, Administration and others asked him over phone to take the procession forward. Then they reached from Meeranghat to Raqabganj and tried to persuade people but youth got agitated, sieged him and asked that they would not disperse idols because they were angry on the incident of women eve-teasing and stone pelting at Popular Road. Mr. Jaiswal further mentioned in his statement that they were informed over the phone at Meeranghat that idol no 45 and 46 were placed near Popular Road, suddenly a dispute arose and due to women eve-teasing people resorted to stone pelting. S.P, city and Station incharge reached on the spot but Manoj Jaisawal was not there and when he reached at Raqabganj Chauraha at 8 p.m. to take the procession forward, he came to know about the incidents of damages and arson in the shops.

The conclusion of the said statement of Mr. Manoj Jaiswal is that the trolly no 45 and 46 were placed in front of Popular Road in which trolly no 45 belonged to Maa Sharda Shakti Durga Pooja Committee, Anjanipuram, Devkali and no 46 belonged to Jai Maa Vindhyavasini Durga Pooja Committee, City Station. Mr. Manoj Jaiswal has given incomplete information in his statement but he has admitted that when plundering and arson took place, he was present on the spot and was there at Raqabganj Chownk till 8 p.m. Mr. Manoj Jaiswal who was the chairman of Durga Pooja Organising Committee and who had the list and all the information regarding trolleys, he must have known about the people sitting in each and every trolley, as youth sieged him, were telling that they would not disperse the idols because they were angry on the incident of eve-teasing and stone pelting at Popular Road. It was not so crowded that accused could not be recognized but it was an organized group taking part in the procession in the form of different Durga Pooja Committees. If the owners of trolleys, being utilized for dispersion and the people sitting on it or moving ahead with them, were not concerned with incident of eve-teasing and stone pelting, then why did they stop procession? There is no satisfactory answer to any of these questions. Whether a story of eve-teasing and stone pelting fabricated to hatch a conspiracy causing riots? Other facts and evidences would also be examined before considering this issue.

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Mr. Ramji Yadav, the then S.P., City, in his written statement, told the Committee that when he reached Popular Road, people were making noise that the other communities were interrupting their festivals and few of them were saying that a Muslim boy was involved in eve teasing and people resorted to stone pelting on procession. Mr. Yadav asked them to lodge an F.I.R but the rioters were not listening to him carefully. Meanwhile, few participants of the procession shouted that all three of them were running towards the street. Consequently stone pelting started. Rioters were trying to enter the road and Police was trying to stop them.

The conclusion can be drawn from the above mentioned statement of Mr. Ramji Yadav that miscreants have raised three separate issues. Firstly, the other community was creating hurdles during their festivals. Secondly, their sister had been a victim of eve-teasing but not even a single woman came forward to support this statement. Neither any witness was produced nor any report was lodged. The incident regarding three people, who in a bid to escape, ran away, seems to be a fabricated story as no satisfactory reply to this question, has been given. Mr. Bhullan Yadav, the then officer-in-charge, filed Cr. no. 3779/12 U/S 147, 323, 307, 436 of IPC in Police Station on 26th October at 3 a.m., according to which people who took part in the procession had a dispute with Wahid and they did plundering and arson. In this report, the reason of dispute is not reported to be women eve-teasing and even this report was filed after passing of two days. The news items dated 26.10.12 published in newspapers Amar Ujala, Hindustan, Dainik Jagran and Rashtriya Sahara reported that the reason for dispute was eve teasing whereas there is no information regarding any FIR being lodged in this regard. Therefore, it is proved that women eve-teasing and stone pelting by Muslims is a fabricated story. On the pretext of this fabricated story, rioters got the opportunity to do riots, plundering and arson. Mr. Bhullan Yadav has also given statement that people who took part in the procession, were drunk and Central Durga Pooja Committee, whose office bearers were present in the procession, was main defaulter. On 24th October 2012, almost 100 shops were looted and burned in Faizabad from 7 p.m. till midnight, in which 95% victims belonged to Muslim community. No arrangement was done by administration. It is clear from video films that rioters were doing arson freely and Police remained silent spectator. Administration issued orders for curfew on 25th October 2012 in the morning. The rioters burned vehicle of fire brigade and beaten the officials. They burned their motorcycles also. As far as information received by the Committee, more than 60 reports were registered and applications were given in PS Faizabad regarding Faizabad incidents.

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Mr. Surendranath Rai, SSI submitted his written statement before the Committee in PS Faizabad on 23.11.12 in which he has stated that he had conducted inquiry on some charges, during inquiry he came to know that due to molestation, dispute started between the boys named Wahid & Tauheed and the boys going for dispersion of idols near Popular Road. Due to this, both the communities started stone pelting on each other. A brick hit the idol also, due to which people got agitated and the dispute took a bad shape.

The Committee watched video film of the incident, produced by Asad Hayat. In this film, it is depicted that the participants of the procession were mongering slogans for around one hour thereafter people, who were standing on the tractor trolley resorted to stone pelting over Royal Plaza. Policemen were beaten by lath is in which Akhilesh Pandey was injured. Mr. Bhullan Yadav has stated in his statement that no Muslim was there on Popular Road at that time. Therefore, mongering of slogans and noise making, stone pelting at Royal Plaza and beating Policemen by people taking part in the procession will be termed as a conspiracy hatched for spreading riots since no women has filed any report regarding eve-teasing. As no report has been filed regarding molestation and these facts were highlighted during inquiry only, therefore, in view of this, interference can be drawn that if any incident of eve-teasing really occurred, then why did that lady or her family members not filed any complaint on the same day. Highlighting these facts during inquiry only raises regarding conduct of policemen who, perhaps, tried to shield miscreants or rioters so that aspect of conspiracy would go untouched assuming that agitation or anger resulting in a dispute, caused riots suddenly. Mr. Bhullan Yadav has also not stated eve-teasing as a reason for dispute in Cr. no. 3779/12 which was registered after two days. Had any incident regarding eve-teasing occurred and had he known about it, he would have mentioned it in the report filed by him but nothing as such is mentioned. Hence, the story of eve-teasing being the reason for dispute, seems to be false and fabricated as a conspiracy for conducting riots. Consequently, people taking part in the procession got agitated.

It is clear from the above details that on the basis of fabricated story on one pretext or the other, riots in Faizabad conducted under a well planned conspiracy. After stealing of idols from Devkali Temple, preparations for riots took almost one month which has already been mentioned above. The incidents of plundering and arson in PS Roodauli, Pura Kalandar, PS Bikapur, PS Tarun, Tehsil Milkipur, Bhadarsa and Shahganj occurred with a well planned conspiracy by spreading rumour of damaging Durga idol in village Alwana. It has already been mentioned earlier.

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Point no.2- What was the role of administrative officers in discharging their duties during communal violence and what were the result of defaults and mistakes committed by them?

Errors in conducting procession in Faizabad Janpad

In point no 1, there is a detailed description of statements and evidences submitted by the officers while analyzing the facts.

Shrikant Mishra, the then Additional District Magistrate, City(suspended) has produced order no 743 dated 20th October,12 issued by District Officer. Accordingly Mr. Amit Kumar, Additional District officer was front in-charge of making arrangement during procession for dispersion of Durga idols and Mr. Gyan prakash Shrivastav, Deputy Collector was deputed at the end of the procession for ensuring peace. Mr. Kanchan Ram, Deputy District Magistrate, Milkipur was deputed in Rajkiya Inter College, Faizabad for ensuring peace and Mr. Tilak dhari singh Yadav, Magistrate, City was given the charge for ensuring peace in Faizabad city.

Mr. Surendra nath Rai and Mr. Bhullan Yadav have stated in their statements that all 120 idols were there at G.I.C ground till 5 a.m. on 24th October 2012 and the procession started at 10:50 a.m. from G.I.C ground. Approximately 5 p.m., when the said dispute started, only 43 trolleys could cross Raqabganj Chauraha from which idol no 1 to 17 were dispersed at Meeranghat and trolley no 18 to 43 were placed between Sadar Bazar and TV Tower which were not being dispersed. It is pertinent to mention here that only 43 trolleys of the procession, which started from 10:50 a.m., crossed Raqabganj Chauraha at 5 p.m. in almost 6 hours and trolley no 44 to 120 were standing in Raqabganj between Popular Road and Fatehganj. What was the reason that the procession could not cross Raqabganj Chauraha in 6 hours and trolley no 44 reached Raqabganj Chauraha in 6 hours. It is clear that there was some error in conducting procession. Officers incharge attempted to make the procession not cross Raqabganj Chauraha till 5 p.m. and left everything at will of the organizers of procession. G.I.C is one and half kilometers away from Popular Road. The procession used to cross Raqabganj till sunset every year but this year only trolley no 44 could reach Popular Road. What was the reason? Trolley no 1 to 17 started from G.I.C at 11 a.m. and reached Meeranghat by 4 p.m. covering distance of 6 kilometers in almost 5 hours. But trolley nos. 44 to 120 could not cover even one and half kilometers in 5 hours and reached Popular Road at 5 p.m. Had the officer made arrangements for procession to cross Raqabganj before evening, such a major

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incident could have been avoided. All the above mentioned officers, who were assigned the job of conducting procession and maintaining peace, are responsible for all this.

Declaration of Curfew

The riots started during the procession for idol dispersion in Bhadarsa and Faizabad city at 5:30 p.m. causing heavy loss and depleting public system. More than 100 houses as well as shops, in Bhadarsa and Faizabad, were looted and burned. It was repeated on 25th, 26th and 27th October also in Bhadarsa and neighbouring villages causing again heavy loss. It is registered in detail in GD of PS Pura kalandar dated 27th October 2012. On 24th October, following incidents of village Alwana and Bhelsar Chauraha, the riots also started in Bhadarsa, Faizabad and Shahaganj in the afternoon. In view of this, district administration, taking immediate action, should have declared curfew in affected areas of entire Janpad while taking immediate action and should have taken all measures to stop violence and riots, but this was not done. Rioters kept on doing plundering and arson without any fear and restriction and Police remained silent.

As per district administration, incidents occurred on October 24th causing arson and plundering in shops, attack on policemen, burning and damaging fire brigade and public transport could not be termed as violation of public law and order. Has this not endangered the system of law and order? But when, on 25th October 2012, Muslims expressed their anger by mongering slogans after observing burnt shops at Chownk in the morning and according to administration, when mob resorted to stone pelting targeting police force, administration felt that law and order was in danger. It shows the discriminating mentality of administrative officers. Mr. Deepak Aggarwal, district officer appeared before the inquiry committee on 3rd January, 2013 and submitted his statement in which he has stated that when this incident took place on the night of 24th October, his first duty was to extinguish fire from the burning shops and to get dispersed thousands of idols which were on the way. He has stated that during curfew, citizen rights get restricted. In that situation on 25th October, senior Superintendent of Police and all the senior officers tried to persuade people to avoid imposing curfew on 25th but after observing mongering of slogans and stone pelting by few people, they decided to impose curfew after report of SSP. The order issued for imposing curfew is also erroneous such as place of curfew, its limitations etc were not given in the order. In this order, people responsible for incident of October24th were called miscreants and the people who resorted to stone pelting while protesting and

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mongering slogans, were identified on the basis of religion. It shows communal mentality. The inquiry committee was not agree with the above said opinion of Mr. Deepak Aggarwal. It is the statutory responsibility of a state to provide secure life to every citizen.

If their first priority was to extinguish fire, then why were the rioters not letting fire brigade to do its duty and why were they burning their vehicles in both Faizabad and Bhadarsa. They were stopping fire brigade to go to the spot to extinguish fire but police officers were not ready to stop these illegal actions by using their powers. Although, the policemen were also attacked, then why was the administration waiting for worst? Constitution or laws of our country do not allow the protestors to do riots, plundering, arson, attack on security forces and be a hurdle in stopping arson.

If they have a right to take out procession following religious traditions, then it will be done according to law and order and not by breaking the laws. If they do so, the state government should have intervene, to control law and order imposing restrictions in order to protect the victims. But due to a wrong decision of district administration, the rioters got liberty for doing plundering, arson, sabotage and beating policemen instead of dispersing idols. With this, the victim Muslim community had no faith in administration and was in doldrums w.r.t. fundamental rights of Muslim community. Mr. A.C. Sharma, Director General of Police for state has stated that he gave orders to Mr. Ram ji Yadav, the then SP, City for releasing tear gas and firing from rubber bullets but he without complying his order switched off his mobile. Ram Singh, SP, City and Shrikant Mishra, ADM, City (both suspended) were present at Chowk and Popular Road but neither they took any action against the office bearers of Central Durga Pooja Committee, rioters sitting on the tractor trolley or moving nor filed any case against them. They could not control the situation, giving opportunity to miscreants for plundering and arson. Hence, the committee held them guilty also. The policemen got minor injuries, not serious. Had they deployed a large number of police force they could control the situation. But the officers kept on waiting that miscreants would leave the place themselves till morning. It would be considered as lack of administrative perfection and willingness. (In this connection, during my presence in Prime Minister’s house, I came to know that after demolition of Babri Masjid on 7th November 1992, during President rule 264 houses and shops of Muslims were burnt and 16 people were killed by burning or beating in Ayodhaya in the presence of State and Central Police force. But Police had not used its powers to control the situation. A delegation

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of Muslims went to Prime Minister P.V. Narsingh Rao’s house at 7 Race Course Road on his invitation. When they complained about it, the Prime Minister told that it was stated in the report of Police Detective Department that if they would take any action against the mob, people would get more agitated resulting in loss of thousands of lives. Therefore, Police and armed forces were not utilised. Rs. 2 lacs each as grant and grant-in-aid to the family of all the 16 muslims who were killed in this incident, were given to build their houses and shops.)

Were these riots, repetition of the same mentality that protecting the minorities, their houses and their shops and taking action against the people with communal mentality will agitate them or make them angry? This situation should be avoided. But this anti-constitutional discriminating mentality may not be justified. When the rioters were burning shops at Faizabad Chownk, clarification given for disconnection of electricity that ‘Electricity supply was disconnected complying directions issued by DM seems unjustified because darkening place of incident while the crime was taking place and disconnecting power supply in peaceful areas of Mughalpura and Hyderganj complying administrative orders seems unfair and unjustified. Chief engineer of electricity department in Faizabad says that fuse-transformers and precautionary measures are already available at every station for such circumstances disconnecting power supply automatically.

This Committee also finds Chandrabhan Yadav, Station Head, PS Pura Kalandar guilty as he had not inquired into the matter in an impartial manner. He has given a wrong statement that Muslims started riots in Bhadarsa. Had they filed the report of Tauheed, murder of Durga Prasad by Gutpi and messages of MLA, Roodauli would be investigated. He, therein, had ordered Rambodh and others to stop procession as well as dispersion of idol, thereafter Rambodh and others resorted to plundering and arson, continued for many days. The cross version of Durga Prasad’s murder should also have been investigated. Whether he was killed by Saddu Qureshi, as alleged by Anurag Gupta or Gutpi killed him, as alleged by Tauheed.

This Committee also held Ramswaroop Kamal, SO, PS Inayatnagar guilty as he had not inquired into Mohd Umar’s murder case in an impartial manner. Reports of Muslims whose shops and houses were burnt on Oct. 25th, were not registered and could not get the dispersion of idols completed on the night of 24th October resulting in plundering and arson on 25th October.

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Point no.3- What was the role of Media in discharging their duties during communal violence and what was the result of their faults and short comings?

As per details while considering point no 1 and 2, reason for dispute in Popular Road is reported to be molestation by miscreants but it has not been clarified that people were saying so at the same time or it was a story fabricated later while inquiring into as neither any woman filed any report nor any eye witness came forward. Even Mr. Bhullan Yadav has not mentioned it in his F.I.R dated 26th October. Newspaper Dainik Jagran published a news item on 6.11.12 that eve teasing was the reason of riots but before this, it was published on 26th October that the administration could not find reason for riots till now. Director General of Police for state has also stated that these riots were done with a well-planned conspiracy. CM Akhilesh Yadav also termed this incident as well planned conspiracy. Jagmohan Yadav, Additional Director General of Police has also stated it ‘well planned’ in his statement, published in Indian Express. On October 26th 2012, Amar Ujala, Hindustan, Dainik Jagran published the news item stating that an incident of molestation took place whereas there is no proof, witness, victim and F.I.R regarding this incident. They should have inquired in depth before publishing such a sensitive and controversial news item. On what basis, they published news items regarding incidents of molestation and stone pelting on idol. The newspapers should have published the real picture of Alwana village. As mentioned in G.D of Police Station Purakalandar that communal disturbance increased due to news items published on October 26th in above mentioned newspapers, proves that newspapers published news items based on rumours and failed to perform their duties. Consequently, situation worsen spreading hatred among public. The message conveyed through publication of news items was that Muslims were main defaulters. The above said newspapers did not condemn the rioters that plundering, arson, beating up the police force was not fair but the newspaper Hindustan published the report of a correspondent on 6.11.12, questioning the role of Roodauli Police. Therefore, the newspapers should be directed to be more careful in future and publish the facts based on realities only. During communal disturbances, it would be considered as violation of Code of Conduct prescribed by Press Council.

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Chapter - IXFinances of the Council 2014-2015

The funds of the Council are primarily made up of (i) fee levied by the Council on newspapers/periodicals registered with the Registrar of Newspapers for India and on the news-agencies and other miscellaneous receipts, like interest on deposits etc., and (ii) Grant-in-aid from the Central Government in the Ministry of Information and Broadcasting.

The Budget Estimates of the Council for the financial year 2014-15, as accepted by the Central Government in 2013-14 was Rs.613.00 lakhs. Revising the estimates for 2014-15 in January, 2015 the Central Government accepted the budget amounting to Rs. 614.00 lakhs (the Grant-in-aid element) with Council’s revenue receipts estimated at Rs. 90.00 lakh +Rs.8.05 lakhs

The Council in the year 2014-2015 received total grant-in-aid amounting to Rs.614.00 lakhs from the Central Government, whereas it collected Rs.97.82 lakhs (Rs.5,11,00,000+Rs.97,81,720.20) as fees levied upon newspapers/periodicals and news agencies and accounted for other miscellaneous receipts, like interest on bank accounts, interest on F.D. Rs with the Bank, etc. during the year.

Section 22 of the Press Council Act, 1978 provides that the accounts of Press Council of India shall be maintained and audited in such manner as may, in consultation with the Comptroller and Auditor General of India, be prescribed. The Annual account of the Press Council of India for the financial year 2014-15 which were maintained in accordance with the aforesaid provisions, were audited by the Audit party of the office of the Director General of Audit, Central Revenues, New Delhi and certified to be to their satisfaction. The Annual Accounts of the Council are annexed hereto.

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Separate Audit Report of the Comptroller & Auditor General of India on the Accounts of Press Council of

India for the year ended 31stMarch, 2015

We have audited the attached Balance Sheet of Press Council of India as at 31 March 2015, the Income & Expenditure Account and Receipts & Payments Account for the year ended on that date under Section 19(2) of the Comptroller & Auditor General’s (Duties, Powers & Conditions of Service) Act, 1971 read with Section 22 of the Press Council Act 1978. These financial statements are the responsibility of the Council’s management. Our responsibility is to express an opinion on these financial statements based on our audit.

2 This Separate Audit Report contains the comments of the Comptroller & Auditor General of India (CAG) on the accounting treatment only with regard to classification, conformity with the best accounting practices, accounting standards and disclosure norms, etc. Audit observations on financial transactions with regard to compliance with the Law, Rules & Regulations (Propriety and Regularity) and efficiency-cum-performance aspects, etc., if any, are reported through Inspection Report/CAG’s Audit Reports separately.

3 We have conducted our audit in accordance with auditing standards generally accepted in India. These standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatements. An audit includes examining, on a test basis evidences supporting the amounts and disclosure in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management as well as evaluating the overall presentation of financial statements. We believe that our audit provides a reasonable basis for our opinion.

4 Based on our audit, we report that:

i We have obtained all the information and explanations, which to the best of our knowledge and belief were necessary for the purpose of our audit;

ii The Balance Sheet, Income & Expenditure Account and Receipts & Payments Account dealt with by this report have been drawn up in the format approved by the Ministry of Finance.

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iii In our opinion, proper books of accounts and other relevant records have been maintained by the Press Council of India as per Section 19 and 20 of the Press Council Act 1978 in so far as it appears from our examination of such books.

iv We further report that:

A. Balance Sheet

A.I Liability

A.1.1 CP Fund-` 921.79 lakh

The Council had earned interest amounting to `84.42 lakh (` 83.78 lakh on Term Deposit and ` 0.64 lakh on Saving Account) for CPF accounts, however, only ` 60.67 lakh was depicted as interest on CP Fund in Schedule-2. This has resulted in understatement of C P Fund and overstatement of Income by ` 23.75 lakh.

B. Grants-in-Aid

The Council had received a grant of ` 614.00 lakh under Non Plan from the Ministry of Information and Broadcasting during the year 2014-15, out of which ` 18.00 lakh was received in March 2015. The previous unspent balances were surrendered. The Council had generated ` 97.87 lakh from its resources. The Council could utilize a sum of ` 711.34 lakh leaving a balance of ` 0.53 lakh as on 31st March 2015.

C. Management Letter

Deficiencies which have not been included in the Audit Report have been brought to the notice of the Council’s management through a management letter issued separately for remedial/corrective action.

v. Subject to our observations in the preceding paragraphs, we report that the Balance Sheet, Income and Expenditure Account and Receipts and Payments Account dealt with by this report are in agreement with the books of accounts.

vi. In our opinion and to the best of our information and according to the explanations given to us, the said financial statements read together with the Accounting Policies and Notes on Accounts, and subject to the significant matters stated above and other matters mentioned in Annexure to this Audit Report give a true and fair view in conformity with accounting principles generally accepted in India:

106

a. In so far as it relates to the Balance Sheet, of the state of affairs of the Press Council of India as at 31 March 2015; and

b. In so far as it relates to Income and Expenditure Account of the surplus for the year ended on that date.

For and on behalf of C&AG of India

Place : New Delhi Director General of Audit Date : 29/10/2015 (Central Expenditure)

Annexure I

1. Adequacy of internal audit system:

The Council does not have its own internal audit system. The internal audit of the Council was conducted by Chartered Accountants up to 2014-15.

2. Adequacy of internal control system: Risk Assessment and Information

Risk Assessment and Management Information System which are necessary for smooth functioning of the Council were not in place in the Council.

3. System of physical verification of assets:

The physical verification of fixed assets was not conducted for the year 2013-14 and 2014-15.

4. System of physical verification of inventory:

The physical verification of ‘books and publication’ and ‘stock of papers, stationery and other consumable items’ was conducted up to 2012-13 and 2010-11 respectively and no discrepancy was reported.

5. Regularity in payment of dues

As per accounts, no payment over six months in respect of statutory dues was outstanding as on 31.03.2015.

BALANCE SHEETAs on 31st March 2015

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PRESS COUNCIL OF INDIABALANCE SHEET AS AT 31.03.2015

Schedule Current Year Previous YearLIABILITIES

CAPITAL FUND 1 103,834,285 91,523,044 C.P.F. FUND 2 92,179,650 86,104,701 CURRENT LIABILITIES AND PROVISIONS

3 3,021,198 2,262,861

TOTAL 199,035,133 179,890,607 ASSETS FIXED ASSETS 4 5,519,123 6,194,924 INVESTMENTS-FROM EARMARKED FUNDS

5 96,054,245 85,408,560

CURRENT ASSETS, LOANS, ADVANCES ETC.

6 97,461,765 88,287,123

TOTAL 199,035,133 179,890,607

SIGNIFICANT ACCOUNTING POLICIES

13

CONTINGENT LIABILITIES AND NOTES ON ACCOUNTS

14

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PRESS COUNCIL OF INDIAINCOME AND EXPENDITURE ACCOUNT FOR THE

YEAR ENDED ON 31.03.2015

INCOME Schedule Current Year Previous Year

Income from Levy Fees & Others 7 14,401,594 13,098,537

Grants from Govt 8 53,755,757 43,393,714

Interest Earned 9 9,226,206 8,144,355

TOTAL (A) 77,383,557 64,636,606

EXPENDITURE

Establishment Expenses 10 51,468,862 44,846,930

Other Administrative Expenses 11 12,935,230 12,631,069

Finance Charges 12 100 -

Depreciation (Corresponding to Schedule 5)

1,065,397 1,579,298

TOTAL (B) 65,469,589 59,057,297

Balance being excess of Income over Expenditure (A-B)

11,913,968 5,579,309

- Prior Period Adjustment Cr. (Dr.) - 403,881

- Transfer to/from General Reserve

SURPLUS/(DEFICIT) CARRIED TO INCOME & EXPENDITURE A/C

11,913,968 5,983,190

SIGNIFICANT ACCOUNTING POLICIES

13

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PRESS COUNCIL OF INDIASCHEDULES FORMING PART OF BALANCE

SHEET AS AT 31.03.2015

SCHEDULE 1 - CAPITAL FUND

Current Year Previous Year

A. Capital Fund:

Balance as at the beginning of the year

14,956,658

14,236,329

Add: Funds Capitalised During the Year

401,257

726,173

Add: Amount transferred from Income & Expenditure Account

-

-

15,357,915 14,962,502

Less: Amount Written Off on condemned Assets

-

15,357,915

(5,844)

14,956,658

B. Income & Expenditure Account:

Balance as at the beginning of the year

76,566,386

70,583,197

Add/(Deduct): Balance of net income/(expenditure)

11,913,968

5,983,190

transferred from Income and Expenditure Account

Add/(Deduct): Other adjustment (3,984) 88,476,370 76,566,386

TOTAL 103,834,285.43 91,523,044

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SCHEDULE-2 - C.P.F. FUNDS

Current Year Previous Yeara) Opening balance of the

funds 86,104,701 73,077,459

b) Addition to the Funds: i. Councils’ Contr. To

C.P.F.

1,726,108

1,749,377

ii. CPF Advances 543,677 1,863,666 iii Employees’ Contr. To

C.P.F.9,365,766 9,029,326

iv Interest on C.P.F. Funds from Govt.

6,067,226 6,964,563

v Prior Period Adjustment 1,286,244 18,989,021 19,606,932 TOTAL (a+b) 105,093,722 92,684,391 c) Utilisation/Expenditure

towards objectives of funds

C.P.F. Withdrawals (2,079,380) (5,091,690) Final Payments to

Outgoing Employees

(10,834,692)

-

CPF Advances - (1,488,000) Receivable from General

Fund A/c.- (12,914,072)

- (6,579,690)

Net Balance of Fund as at the year end (a+b-c)

92,179,650 86,104,701

SCHEDULE-3 - CURRENT LIABILITIES AND PROVISIONSA. CURRENT LIABILITIESA. Current Liabilities:

1 Advances Received - Advance Levy of Fee 876,259 616,723 - Levy Fee Suspense 138,535 1,014,794 101,135 717,858 2 Security Deposits 91,500 91,500 3 Unspent Grant 52,830 15,550 4 Other current Liabilities 1,344,243 1,047,624 5 Payable to Heir of Ex

employee 517,831 390,329

TOTAL (A) 3,021,198 2,262,861 B. PROVISIONS - - TOTAL (A+B) 3,021,198 2,262,861

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PARTICULARS GROSS BLOCK

COST AS ON ADDITION DURING THE YEAR

SALE/TRF. COST AS

1.4.2014 UPTO 30th SEPT

AFTER 30th SEPT

DURING THE

YEAR

ON31.3.2015

AIR CONDITIONERS & COOLERS

1,299,675.00

132,859.00

-

-

1,432,534.00

ATTENDANCE RECORDING SYSTEM

82,000.00

-

-

-

82,000.00

CARS & BICYCLE 2,376,431.00 - - - 2,376,431.00

COMPUTER/PERIPHARALS

6,116,939.00

-

148,990.00

11,661.00

6,254,268.00

CONFERNECE SYSTEM 27,820.00 - - - 27,820.00

EPABX SYSTEM 293,730.00 - - - 293,730.00

FRANKING MACHINE 128,526.00 - - - 128,526.00

FURNITURE & FIXTURE 4,520,333.00 - 109,197.00 - 4,629,530.00

HEAT CONVECTOR & HEATERS

37,364.00

-

-

-

37,364.00

LEASE HOLD LAND 1,563,767.00 - - - 1,563,767.00

LIBRARY BOOKS 884,828.46 - - - 884,828.46

MOBILE PHONES 52,291.00 6,510.00 - - 58,801.00

REFRIGERATOR 91,695.00 - - - 91,695.00

SOLAR WATER HEATING SYSTEM

110,227.00

-

-

-

110,227.00

STABELISERS 71,434.00 3,701.00 - - 75,135.00

TAPE RECORDERS 6,618.00 - - - 6,618.00

TELEVISION 240,436.00 - - - 240,436.00

TYPEWRITER & DUPLICATOR

133,029.00

-

-

-

133,029.00

WATER DISPENCER 71,964.00 - - - 71,964.00

Total.. 18,109,107.46 143,070.00 258,187.00 11,661.00 18,498,703.46

SCHEDULE:4SCHEDULE FORMING PART OF

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RATE OF DEPRICIA-

TION

DEPRECIATION NET BLOCK

UPTO 31.3.2014

FOR THE YEAR

WRITTEN BACK

TOTAL W.D.V.31.3.2015

W.D.V. 31.3.2014

15.00% 807,861.00 79,924.00 - 887,785.00 544,749.00 491,814.00

15.00% 57,683.00 3,648.00 - 61,331.00 20,669.00 24,317.00

15.00% 1,265,592.00 166,626.00 - 1,432,218.00 944,213.00 1,110,839.00

60.00% 5,385,324.00 521,366.00 - 5,906,690.00 347,578.00 731,615.00

15.00% 27,158.00 - - 27,158.00 662.00 662.00

15.00% 213,192.00 12,081.00 - 225,273.00 68,457.00 80,538.00

15.00% 27,472.00 15,158.00 - 42,630.00 85,896.00 101,054.00

10.00% 3,075,552.00 155,398.00 - 3,230,950.00 1,398,580.00 1,444,781.00

15.00% 27,579.00 1,468.00 - 29,047.00 8,317.00 9,785.00

- - - - - 1,563,767.00 1,563,767.00

15.00% 558,713.43 48,917.00 - 607,630.43 277,198.03 326,115.03

15.00% 18,003.00 6,120.00 - 24,123.00 34,678.00 34,288.00

15.00% 47,721.00 6,596.00 - 54,317.00 37,378.00 43,974.00

15.00% 77,541.00 4,903.00 - 82,444.00 27,783.00 32,686.00

15.00% 55,911.00 16,661.00 - 72,572.00 2,563.00 15,523.00

15.00% 5,142.00 221.00 - 5,363.00 1,255.00 1,476.00

15.00% 109,528.00 19,636.00 - 129,164.00 111,272.00 130,908.00

15.00% 126,738.00 -

- 126,738.00 6,291.00 6,291.00

15.00% 27,473.00 6,674.00 - 34,147.00 37,817.00 44,491.00

11,914,183.43 1,065,397.00 - 12,979,580.43 5,519,123.03 6,194,924.03

SCHEDULE:4BALANCE SHEET AS AT 31.03.2015

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SCHEDULE- 5 INVESTMENTS FROM EARMARKED FUNDS

Current Year Previous Year

1. Fixed Deposits with Schedule Banks

- Against C.P.F. Fund 84,798,353 78,236,032

- FDR Interest Accrued thereon

11,255,892 96,054,245 7,172,528 85,408,560

TOTAL 96,054,245 85,408,560

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SCHEDULE 6 - CURRENT ASSETS, LOANS, ADVANCES ETC.,

Current Year Previous YearA. CURRENT ASSETS: 1. Sundry Debtors:

- On Account of Levy Fees 77,512,485 77,512,485 68,378,151 68,378,151 2. Cash balances in hand

(including Postage in Hands and imprest)

Imprest Account Balance 50,000 10,000 Postage Stamps in Hands 30,124 80,124 40,048 50,048

3. Bank Balances: - With Scheduled Banks: Saving Accounts - State Bank of Hyderabad - General Account

-

1,475

- State Bank of Hyderabad - Revolving Account

223,096

716,603

- State Bank of Hyderabad - Levy Fee Account

2,830 4,076

- State Bank of Hyderabad - C.P.F. Account 7,550,788 7,776,714 8,294,641 9,016,795

Deposit Accounts - State Bank of Hyderabad - Revolving Account

3,863,928 - 2,779,077 -

F.D.R for Ex-employee Beneficieries

- State Bank of Hyderabad - Shashi Tandon

252,078 230,612

- State Bank of Hyderabad - Ramesh Goel

139,335 127,470

- State Bank of Hyderabad - Sangeeta Malik

39,310

- State Bank of Hyderabad - Ajay Madan 48,822 4,343,473 - 3,137,159 TOTAL (A) 89,712,796 80,582,153

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B. LOANS, ADVANCES AND OTHER ASSETS1 Loans to Staff: - CGHS Advance to Hon’ble

Chairman- 3,500

- Cycle Advance - 125 -Car Advance - 55,638 - Festival Advance 74,175 55,425 - Housing Building Advance 508,504 672,031 - Scooter Advance - 582,679 10,400 797,119 2

Advances and other amounts recoverable in cash or in kind lor for value to be received:

- On Capital Account - - - Advance for Books

Periodicals9,200 15,060

- Advance to Parties 5,557,109 4,907,109 - TA Advance 278,057 512,284 - Tax Deducted at Source 791,434 787,762 - Others - Other Advances 40,047 245,043 - Prepaid AMC 14,398 4,205 6,690,245 6,471,463 3 Income Accrued a) On Deposits of Revolving

Account 418,285 368,267

b) on Deposits of Shashi Tandon (EX - EMP. )

21,766 20,471

c) on Deposits of Ajay Madan 2,816 - d) on Deposits of Sangeeta

Malik 961 -

e) on Deposits of Ramesh Goel (EX - EMP. )

12,743 11,776

4 Deposits with Different Departments

19,474 35,874

TOTAL (B) 7,748,969 7,704,970 TOTAL (A +B) 97,461,765 88,287,123

SCHEDULE 6 - CURRENT ASSETS, LOANS, ADVANCES ETC.,

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SCHEDULE 7 - INCOME FROM LEVY FEES & OTHERS

Current Year Previous Year1 Levy fees received from

Newspapers/

Periodicals/News Agencies

5,230,352 3,017,776

Add: Demand raised for previous year

-

-

Add: Advance of Previous Years adjusted

-

-

Add: Fees outstanding for current Year

14,074,150 11,416,605

Less: Fees received for previous Years

(2,169,204) (1,286,296)

Less: Fees received for Current year

(2,770,612)

Less: Fees received in advance/suspense

(296,936) 14,067,750 (243,260) 12,904,825

2 Others (Specify)

- Sale of Waste Papers - 12,960

- Fee for Information under Right to Information Act

1,469 -

- Income from Advertisement in Souvenir

25,000 -

- Others 307,375 333,844 180,752 193,712

TOTAL 14,401,594 13,098,537

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SCHEDULE 8 - GRANTS Current Year Previous Year

(Irrevocable Grants & Subsidies Received)

- Central Government (Ministry of I & B)

- Grant Received During the Year 61,400,000 51,100,000 - Add: Unspent Grant for the

Previous Year15,550 -

61,415,550 51,100,000 - Less: Grant Utilised for Interest

on C.P.F. Funds(7,190,156) (6,964,563)

- Less: Grant Utilised for Fixed Assets

(401,257) (726,173)

- Less: Unspent Grant related to previous year returned

(15,550)

-

- Less: Unspent Grant for the Current Year

(52,830) 53,755,757 (15,550) 43,393,714

TOTAL 53,755,757 43,393,714

SCHEDULE 9 - INTEREST EARNED Current Year Previous Year1 On Term Deposits: a) With Scheduled Banks - CPF Account

(trf to General Fund)8,377,906 7,497,208

- Revolving Fund Account 334,869 272,385 - General Fund Account 147,598 56,082 8,860,373 7,825,675 2 On Savings Accounts: a) With Scheduled Banks - General Fund Account 174,330 188,180 - CPF Account

(Trf. To General Fund)64,748 79,958

- Levy Fees Account 28,402 16,987 - Revolving Fund

(Loans & Advances)19,560 287,040 21,543 306,668

3 On Loans: a) Employees/Staff - Scooter Advance 1,600 760 - Housing Building Advance 16,235 2,892 - Motor Car Advance 60,958 78,793 8,360 12,012 TOTAL 9,226,206 8,144,355

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SCHEDULE 10 - ESTABLISHMENT EXPENSES

Current Year Previous Yeara) Salaries and Wages 40,469,043 38,265,839 b) Arrear of Salaries 773,715 1,546,727 d) OTA 15,578 19,625 e) Tuition Fees Reimbursement 410,955 493,906 f) Medical Reimbursement 2,942,162 1,857,582 g) Bonus 200,048 202,055 I) L.T.C. 722,749 551,621 j) Encasement of E.L. 1,423,736 123,619 k) Contribution to Provident Fund 1,726,108 1,779,312 l) Training to Staff 2,400 6,500 m) Honorarium paid to employees 185,000 144 n) Gratuity to Staff 2,597,368 -

Total 51,468,862 44,846,930

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SCHEDULE 12 - FINANCE CHARGES

Current Year Previous Year

a) On Fixed Loans

b) On Other Loans (including Bank Charges) 100 -

c) Other (specify)

d) Interest Paid to Ex -Employee - -

TOTAL 100 -

SCHEDULE 11 - OTHER ADMINISTRATIVE EXPENSES Current Year Previous Year

1 Electricity and Water 3,234,746 3,975,918 2 Office Expense 89,275 83,029 3 Insurance - - 4 Repairs and maintenance 2,002,832 629,559 5 Vehicles Repairs and Maintenance 368,140 290,185 6 Travelling and conveyance Expenses 3,274,455 3,064,357 7 Rent, Rates and Taxes - 122,570 8 Postage, Telephone and Communication Charges 854,186 876,989 9 Printing and Stationary 1,029,956 756,942

10 Newspapers & Periodicals 142,999 149,114 11 Liveries to Class IV Staff 4,920 58,152 12 Hindi karyashala 7,500 13 Hindi Protsahan Award 11,000 16,040 14 Round off - - 15 Legal & Professional Charges 502,008 706,301 16 Entertainment 104,326 98,521 21 Exhibition & Seminar 898,528 1,017,196 24 Others- Sundries 100,284 3,730 25 Advertisement Exp. 281,051 773,966 26 Cartage & Freight 130 - 27 Other Exp.. 28,894 8,500

TOTAL 12,935,230 12,631,069

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PRESS COUNCIL OF INDIASCHEDULE FORMING PART OF THE ACCOUNTS FOR

THE YEAR ENDED 31/03/2015

SCHEDULE 13- SIGNIFICANT ACCOUNTING POLICIES:-

1. Accounting Convention The financial statements are prepared on the basis of historical cost convention un-

less otherwise stated.

2. Method of Accounting

Council is following the accrual method of accounting unless otherwise stated.

3. Investments

a) Investments against C.P.F. Fund are classified as earmarked investments

b) Investments against Revolving (Loans & Advances) account are treated as current assets.

c) Investments are shown at the principal value as increased by the interest accrued thereon.

4. Fixed Assets

a) Fixed assets are stated at cost of acquisition inclusive of duties and taxes thereon. Other direct expenses related to acquisition are not capitalized.

b) Capital Fund is maintained to denote the cost of fixed assets.

5. Depreciation

Depreciation is being charged as per the rates prescribed in the Income Tax Rules at the Following rates i.e. Furniture & Fixture @ 10%, Computer/ Peripherals @ 60% and Other Assets at the general rate @ 15%.

6. Government Grant

a) Government Grants are accounted on cash basis.

b) Grants utilized toward the addition of fixed assets are transferred to the Capital Fund.

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c) Grants utilized towards the interest on C.P.F. Fund are transferred to C.P.F. Account.

d) Unspent Grant for the year is transferred to Reserve & Surplus to Further use in the next year.

7. Retirement Benefits

a) Retirement benefit is accounted on cash basis. No provision for Gratuity payable, leave encashment etc. is made

b) The Council is maintaining its own C.P.F. Fund.

Sd/-(C.K. PRASAD)

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Sd/-(VIBHA BHARGHAV)

SECRETARYPRESS COUNCIL OF INDIA

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PRESS COUNCIL OF INDIA SCHEDULE FORMING PART OF THE ACCOUNTS FOR

THE YEAR ENDED 31/03/2015

SCHEDULE 14- CONTINGENT LIABILITIES & NOTES OF THE ACCOUNTS

A. CONTINGENT LIABILITIES

Claim against the Council not acknowledged as debts Rs. NIL (Previous Year NIL)

B. NOTES OF THE ACCOUNTS

1. Current Assets, Loan & Advances

a. Balance in the Sundry Debtors, Advances for Books & Periodical and Advance to Parties have not been confirmed from the respective parties/departments

b. In the opinion of the management of the Council, the other current assets, loans & advances have a realizable value equal at least to the amount shown in the Balance Sheet, in the ordinary course of business.

2. Provision for Taxation

In view of the income of the Council being exempt from tax, no provision for taxation has been made.

3. Corresponding figures for the previous year have been regrouped/ rearranged, wherever necessary.

Sd/-(C.K. PRASAD)

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SECRETARYPRESS COUNCIL OF INDIA

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PRESS COUNCILRECEIPTS AND PAYMENTS FOR

RECEIPTS CURRENT YEAR PREVIOUS YEARI. Opening Balance

a) Cash in hand (Imprest Account) 10,000 10,000 b) Bank Balances - General Fund 1,475 2,056,117 - Levy of Fees Account 4,076 27,313 - Revolving Fund (Loan & Advance) 716,603 433,994 - C.P.F. Account 8,294,641 9,016,795 6,286,470 8,803,894 c) Postage Stamps in Hand 40,048 17 II. Grants Received a) From Government of India 61,400,000 51,100,000 (Minsitry of I & B) III. Interest Received

a) On Bank deposits - Term Deposits 4,726,991 9,191,034 - Saving Accounts 287,040 5,014,031 306,668 9,497,702 b) Loans, Advances etc. 78,793 12,012 IV. Other Income (specify) Levy fees received from Newspapers/ Periodicals/News Agencies 5,230,352 3,017,776 Others except Profit on Sale of Asset - 4,631 Leave Salary Received 183,084 177,747 Right to Information 1,469 4,583 Miscellaneous Receipts 9,056 Recovery - -Salary (Misc) 5,476 - Of books 440 - Of EOL 109,319 115,235

- Income from Advertisement in Souvenir 25,000

V. Receipts from Matured Investments Encashment of FDRs - Revolving Fund Account 1,419,384 1,149,170 - C.P.F. Account 31,452,959 52,130,242

- General Fund 10,000,000 8,000,000

125

OF INDIATHE YEAR ENDED ON 31.03.2015

PAYMENTS CURRENT YEAR PREVIOUS YEARI. Expenses

a) Establishment Expenses 51,297,037 44,816,995

(Corresponding to Schedule 10)

b) Administrative Expenses 8,678,189 8,931,586

(Correspondent to Schedule 11)

c) Paid towards Expenses Payable 1,044,781 215,023

II. Payments made against funds

Agt. Revolving Fund (Loans & Advances)

- Disbursements of Loans

- Festival Advance 139,500 97,500

- Scooter Advance - 30,000

- Moter Car Advance - -

- CGHS advance to Hon’ble Chairman 12,000 151,500 - 127,500

Agt. C.P.F. Fund

- Advance / Withdrawl to Staff 3,426,280 6,597,690

- Final Payments to Outgoing Employees 10,878,437 14,304,717 - 6,597,690

III. Investments and deposits made

a) Out Earmarked/Endowment funds

- Agt. Revolving Fund (Loans & Advances) 2504235 1,359,693

- Agt. C.P.F. Fund 38,015,280 63,331,952 64,691,645

b) Out of own funds

(Investments-Others) 10,000,000 8,000,000

Towards Employee - 50,519,515 - 8,000,000 IV. Expenditure on Fixed Assets & Capital work-in-progress

a) Purchase of Fixed Assets

- Library Books 36,206

-Mobile Phones 6,510 5,954

- Air Conditioners& Coolers 91,846 55,449

- Telephone Instrument - 2,400

- Water Dispenser - 27,674

- Furniture & Others 109,197 -

- Computer & Perpharals 88,990 161,493

- Stabelizers 3,701 -

126

RECEIPTS CURRENT YEAR PREVIOUS YEARTowards Employee - 42,872,343 - 61,279,412

VI. Any Other receipts a) Enchasement of Deposits b) Recovery of Advances - Housing Building Advance 163,527 175,668

- From Parties - 159,811

- Festival Advances 120,750 119,250

- Scooter Advances 10,400 20,000

- Motor Car Advance 58,838 60,136

- Cycle Advance 125 1,500

- Table Fan Advance - -

- CGHS advance to Hon’ble Chairman 15,500 369,140 6,000 542,365

c) Recovery from Employee -

- Travelling expense 23,051

- Towards sale /transfer of fixed asset 11,661 -

- C.P.F. Contr. 11,463,402 11,498,114 11,066,306 11,066,306

d) Amount trf from General Fund

to C.P.F. Fund on account of:

- Council’s Contribution to PF 1,726,108 1,749,377

- Interest on Employees’ Cont. 4,661,729 4,644,205

- Interest on Council’s Cont. 2,528,427 2,320,358

- Others - 8,916,264 - 8,713,940

TOTAL 144,779,723 154,230,385

127

RECEIPTS CURRENT YEAR PREVIOUS YEAR - Franking Machine - - - Refrigirator - 300,244 - 713,193 b) Expenditure on Capital V. Refund of surplus money/Loans a) To the Government of India - - Excess of Unspent Grant 15,550 15,550 2,343,446 2,343,446 VI. Finance Charges (Interest) 100 -

VII. Other Payments (Specify) a) Amount trf from General Fund to C.P.F. Fund on account of: - Interest on Employees’ Cont. 4,661,729 4,644,205 - Interest on Council’s Cont. 2,528,427 2,320,358 - Others - 7,190,156 - 6,964,563 b) Advance - for Books & Periodicals 9,200 15,060 - for purchase of Stationery 32,366 - for Capital Assets 60,000 54,013 - for Others 3,315,857 3,417,423 1,692,828 1,761,901 d) Tax deducted at source 3,672 -

- VIII. Closing Balances a) Cash in hand (Imprest Account) 50,000 10,000 b) Bank Balances - General Fund 1 1,475 - Levy of Fees Account 2,830 4,076

- Revolving Fund (Loan & Advance) 223,096 716,603 - C.P.F. Account 7,550,788 7,776,715 8,294,641 9,016,795 c) Postage Stamps in Hand 30,124 40,048 144,779,723 154,230,385

Sd/-(C.K. PRASAD)

CHAIRMANPRESS COUNCIL OF INDIA

Sd/-(VIBHA BHARGHAV)

SECRETARYPRESS COUNCIL OF INDIA

128

Annexure - A

Statement of CasesApril 1, 2014- March 31, 2015

S.No. Particulars Section-13 Section-14 Total

1. Cases pending as on 31.3.2014

121 821 942

2. Cases filed between April 1, 2014 to March 31, 2015

199 1050 1249

3. Cases adjudicated be-tween April 1, 2014 to March 31, 2015

13 65 78

4. Cases directly reported to the Council

2 1 3

5. Cases decided under the proviso to Regulation 5(1) of the Inquiry Regu-lations, 1979 between April 1, 2014 to March 31, 2015

188 661 849

6. Cases pending as on March 31, 2015

117 1144 1261

129

Annexure - B

The Gazette of India

EXTRAORDINARY

Part III-Section 4

PUBLISHED BY AUTHORITY

Press Council of India Notification

New Delhi, the 30th April, 2014 No. 19/1/2014-PCL— In pursuance of sub-section (4) of Section 5 of the Press Council Act, 1978 (37 of 1978), the Press Council of India hereby notifies, for the purposes of the XIIth three year term of Council, the following associations of persons of the categories referred to in clause (a) and clause (b) and news agencies for the purpose of clause (c) of sub-section (3) of that Section, namely:—

(I) Associations of persons of category referred to in clause (a) of sub-sec-tion (3) of Section 5:

(1)(2)

(3)

(4)

Editors Guild of India, New DelhiAll India Newspapers Editors’ Conference, New DelhiHindi Samachar Patra Sammelan, LucknowAkhil Bharatiya Samacharpatra Association, Kanpur

As representative bodies of Working Journalists who are Editors

(5)

(6)(7)

(8)

Indian Journalists Union, New Delhi (President, Shri S.N. Sinha)The Press Association, New DelhiWorking News Cameramen’s Association, New DelhiNational Union of Journalists (India), New Delhi

As representative bodies of Working Journalists other than Editors

130

(II) Associations of persons of category referred to in clause (b) of sub-section (3) of Section 5:

(1) The Indian Newspaper Society, New Delhi

As representative bodies of Owners & Managers of Big, Medium and Small Newspapers

(2)

(3)

All India Small & Medium News-papers Federation, New DelhiAssociation of Small and Medium Newspapers of India, Kanpur

As representative bodies of Owners & Managers of Medium and Small News-papers

(III) News Agencies for the purpose of nominating a person from the category of persons referred to in clause (c) of sub-section (3) of Sectiion 5:

(1) The Press Trust of India Limited, New Delhi

VIBHA BHARGAVA, Secy. [ADVT. III/4/Exty./149/14]

131

The Gazette of IndiaEXTRAORDINARY

Part II-Section 3-Sub-Section (ii)PUBLISHED BY AUTHORITY

Ministry of Information and Broadcasting Notification

New Delhi, the 10th October, 2014 S.O. 2608(E)— In pursuance of sub-section (5) of Section 5 of the Press Council Act, 1978 (37 of 1978), read with rules 3 and 4 of the Press Council (Procedure for Nomination of Members) Rules, 1978, the Central Government hereby notifies the names of the following persons nominated as members to the Press Council of India for a period of three years from the date of publication of this notification in the Official Gazette, namely:—Working Journalists – Editors [nominated under clause (a) of sub-section (3) of Section 5].1.

2.

3.

4.

Shri Ramesh GuptaEditor, Weekly Tej8-B, Bahadurshah Zafar Marg,New Delhi-110002Residence: C-40, Gulmohar Park,New Delhi-110049Shri Bipin NewarEditor, Chhapte Chhapte26-C, Creek Row, Kolkata-700014Residence: Laxmi Towers,Flat 5BD 541A, Rabindra Sarani,Kolkata-700003Shri Uttam Chandra SharmaEditor, Muzaffarnagar Bulletin224-Civil Lines, South Muzaffarnagar,Uttar PradeshResidence: 223, Civil Lines, South Muzaffarnagar, U.P.Dr. Suman GuptaEditor, JanmorchaJanmorcha Dainik, Bazaza,Faizabad-224001Residence: L-30, Neel Vihar Colony,Ramnagar, FaizabadCorrespondence: A-603, Lalbag Officers Colony, Lalbag, Lucknow-226001

Editors of Indian Languages Newspapers

Annexure - C

132

5. Shri Prakash DubeyGroup Editor, Dainik BhaskarVishambhar Bhawan, 17-A, Great Nag Road,Nagpur-440009Residence: 602, Nishigandha ApartmentsPrashant Nagar, Nagpur-440015

Editors of Indian Languages Newspapers

6.

7.

8.

9.

10.

Shri Krishna Prasad Edirto-in-Chief, Outlook (English)AB-10, Safdarjung Enclave, New Delhi-110029.Residence: M-24, Ground Floor, Lajpat Nagar-Part 3, New Delhi-110024.

Shri Kosuri AmarnathAPUWJ Officer, Deshodharaka Bhavan,Basheerbagh, Hyderabad-500001Residence: 6-3-14/101, Sai Residence,Hastinapuri Colony, Sainik Puri,Hyderabad-500094

Shri Prabhat Kumar DashPratidin (Odia Daily)TS-3/193, Mancheswar Industrial Area,Bhubaneswar, OdishaResidence: Plot No. 60, Budheswari Colony, Bhubaneswar, Odisha-751006

Shri Rajeev Ranjan NagAaj SamajMedia House, 116-B, Okhla, Phase-2,New DelhiResidence: 8D, Sky Lark Apartments,Gazipur, Delhi-110096

Shri Prajnananda ChaudhariAnanda Bazar PatrikaABP Pvt. Ltd., 6, Prafulla Sarkar Street,Kolkata-700001Residence: 244/1, B.B. Chatterjee Road,Kolkata-700042

Editors of English Language Newspapers

Working Journalists (other than editors) of Indian Languages Newspapers

Working Journalists – Editors [nominated under clause (a) of sub-section (3) of Section 5.

133

Working Journalists – Editors [nominated under clause (a) of sub-section (3) of Section 5.

11.

12.

13.

Shri S.N. Sinha(Office/Residence): 7/102, East End Apart-ments, Mayur Vihar, Phase-I Extension, Delhi-110092

Shri Sondeep Shankar(Office/Residence): I-3, Jungpura Extension, New Delhi-110014

Shri Shri C.K. NayakThe Shillong TimesRilbong, ShillongResidence: 167, Samachar Apartments,Mayur Vihar-I, Extension, New Delhi-110091

Working Journalists (other than editors) of newspapers other than Indian Languages Newspapers

14. Shri Hormusji CamaThe Bombay SamacharRed House, Horniman CircleSayed Abdulla Brelvi Road, For, Mumbai-400001Residence: 1E. Navroze Apartments, 35,Bhulabhai Desai, Bombay-400026

From big Newspapers Category

15. Shri Ravindra KumarEditor and Managing Director,The Statesman, Statesman House,4, Chowringhee Square, Kolkata-700001Residence: 8A, Minto Park Syndicate13, D.L. Khan Road, Alipore,Kolkata-700027

Persons who own or carry on the business of management of Newspapers [nominated under clause (b) of sub-section (3) of section 5]

134

16.

17.

Shri Kundan Raman Lal VyasKutch MitraJanmabhoomi Group of Newspapers,Janmabhoomi Bhavan, Janmabhoomi Marg Fort, Mumbai-400001Residence: 402, B-Wing, Bhagwan Bhavan,Mahalaxmi Temple Lane, Bhulabhai Desai Road, Mumbai-400026

Shri Gurinder SinghIndian ObserverF-26, Connaught Place, 1st Floor,New Delhi-110001Residence: D-253, Defence Colony,New Delhi-110024

From Medium Newspapers Category

18.

19.

Shri Vijay Kumar ChopraHindi SamacharPunjab Kesari Building, Civil Lines,Jalandhar-144001, PunjabResidence: ER-129, Pucca Bagh,Jalandhar-144001, Punjab

Shri Keshav Dutt ChandolaRajput Maryada12/480, Mecrobertganj, Kanpur-208001

From Small Newspapers Category

Persons who manage news agencies [nominated under clause (c) of sub-section (3) of Section 5]

20. Shri G. Sudhakar NairThe Editor, The Press Trust of India Limited,PTI Building, 4, Parliament Street,New Delhi-110001Residence: 31, Samachar Apartments, Mayur Vihar, Phase-I, Extension, Delhi-110091

135

Persons having special knowledge or practical experience in respect of Education and Science, Law and Literature and Culture [nominated under clause (d) of sub-section (3) of Section 5]

21. Shri Pankaj VohraJ-1063, Palam Vihar, Gurgaon-122017

Nominated by University Grants Commission

22. Shri Ramchander Rao N.Senior Advocate,Member, Bar Council of India12-13-336/1, Street No. 2, Lane No. 6,Behind Sanghi College, Tarnaka, Secunderabad

Nominated by Bar Council of India

23. Dr. K. SreenivasaraoSecretary, Sahitya AkademiRabindra Bhawan, 35, Ferozeshah Road,New Delhi-110001

Nominated by Sahitya Akademy

Members of Parliament [nominated under clause (e) of sub-section (3) of Section 5]

24.

25.

26.

Smt. Meenakshi LekhiPresent/Permanent Address: C-98A, South Extension, Part-II, New Delhi-110049

Shri Rajiv Pratap RudyPresent Address: AB-97, Shahjahan Road,New Delhi-110093Permanent Address: 3, Shivnandan Bhawan, Boring RoadPatna-800001, Bihar

Shri G. HariPresent Address: Old Tamil Nadu House, Chanakyapuri,New Delhi-110021Permanent Address: 1, Murugapa Nagar, 1st Street, Tiruttani, District Tiruvallur, Tamil Nadu

Nominated by the Speaker of Parliament House of the People

136

27.

28.

Shri Prabhat JhaPresent Address: 28, Meena Bagh,New Delhi-110011Permanent Address: 5, Ashoka Apartments,Madhya Bharat Khadi Sangh, Near Hanuman Mandir, Jivajiganj, Lashkur, Gwalior, Madhya Pradesh

Shri Satyavrat ChaturvediPresent Address: AB-92, Shahjahan Road,New Delhi-110011Permanent Address: Toriya House, Chhatarpur,District-Chhatarpur, Madhya Pradesh

Nominated by the Chairman of the Council of States

[F. No. M-22011/1/2014-Press]ANURAG SRIVASTAVA, Jt. Secy.

137

Annexure - D

The Gazette of IndiaEXTRAORDINARY

Part II-Section 3-Sub-Section (ii)

Ministry of Information and Broadcasting Notification

New Delhi, the 25th November, 2014

S.I. 2972(E)-In exercise of the powers conferred by sub-section (2) of Section 5 of the Press Council Act. 1978(37of 1978), the Central Government herby notifies the nomination of Justice C.K. Prasad, retired Judge of the Supreme Court of India, as the Chairman of the Press Council of India.

(No. M-22011/3/2014-Press) ANURAG SRIVASATAVA, Jt. Secy.

138

Annexure - E

139

Annexure - F

Statement of Cases for the XIth Term(April 1, 2011 - March 31, 2014)

By the Press Against the Press

Total

Cases filed

(April 1, 2011 - March 31, 2012) 170 715 885

(April 1, 2012 - March 31, 2013) 175 876 1051

(April 1, 2013 - March 31, 2014) 199 1215 1414

Total 544 2806 3350

Adjudications

(April 1, 2011 - March 31, 2012) 25 86 111

(April 1, 2012 - March 31, 2013) 35 155 190

(April 1, 2013 - March 31, 2014) 52 188 240

Total 112 429 541

Cases dismissed at preliminary stage

(April 1, 2011 - March 31, 2012) 228 777 1005

(April 1, 2012 - March 31, 2013) 124 683 807

(April 1, 2013 - March 31, 2014) 186 916 1102

Total 538 2376 2914

140

Annexure - G

141

Statement of Attendance at Council Meetings (April 1, 2011-March 31, 2014) XIth term

S. No

Name of Members Total No. of Council

Council meeting

Dates of

1. Shri K.S.S. Murthy 15 7 15.7.20112. Shri S.K. Garg 15 13 15.7.20113. Shri J S Dardi 15 11 19.9.20114. Shri Sheetla Singh 15 15 17.11.20115. Shri Anil Agarwal 15 6 27.3.20126. Shri Bishambhar Newar 15 14 26.4.20127. Shri R.R. Nag 15 14 27.8.20128. Shri U Lakshman 15 15 21.12.20129. Shri A S Tengse 15 9 18.2.201310. Shri K Amarnath 15 14 27.3.201311. Shri Kalyan Barooah 15 12 15.11.201312. Shri Sondeep Shankar 15 14 10.1.201413. Shri Arun Kumar 15 12 26.3.201414. Shri Vijay Kumar Chopra 15 8 23.4.201415. Shri Sanjay Gupta 15 4 2.6.201416. Shri Gurinder Singh 15 1317. Shri V.K. Chopra 15 718 Dr. R. Lakshmipathy 15 319. Shri Neeraj Bajpai 15 1220. Shri Rajeev Sabade 15 1421. Shri M.K. Dey 11 622. Shri A Krishna Murthy 12 223. Kumari Meenakshi

Natarajan M.P. (LS)4 0

24. Shri Harin Pathak M.P. (LS) 14 425. Shri Sanjay Dina Patil,

M.P. (LS)15 6

26. Shri Rajeev Shukla, M.P. (RS)

15 2

27. Shri Prakash Javadekar, M.P. 15 528. Shri Ramachandra Rao N 5 229. Dr. Mahesh Joshi 3 230. Dr. K. Sreenivasrao 4 1

Annexure - H

142

Annexure-I

Statement at Attendance at Inquiry Committee Meetings (April 1, 2011-March 31, 2014) XI th Term

S. Name of Members Total No. of I.C. Total no. of meeting attended

1. Shri K.S.S Murthy 16 152. Shri S.K. Garg 16 153. Shri J. S. Dardi 16 74. Shri Sheetla Singh 16 155. Shri Anil Agarwal 16 56. Shri Bishambhar Newar 16 157. Shri R. R. Nag 16 168. Shri U. Lakshman 16 159. Shri A. S. Tengse 16 1110. Shri K. Amarnath 16 1311. Shri Kalyan Barooah 16 1312. Shri Sondeep Shankar 16 1513. Shri Arun Kumar 16 1314. Shri Vijay Kumar Chopra 16 715. Shri Sanjay Gupta 16 116. Shri Gurinder Singh 16 617. Shri V.K. Chopra 16 318. Dr. R Lakshmipathy 16 019. Shri Neeraj Bajpai 16 920. Shri Rajeev Sabade 16 1321. Shri M.K. Dey 7 422. Shri A Krishna Murthy 9 023. Kumari Meenakshi Natrajan, M.P. (LS) 2 124. Shri Harin Pathak, M.P. (LS) 16 125. Shri Sanjay Dina Patil, M.P. (LS) 16 426. Shri Rajeev Shukla, M.P. (RS) 16 027. Shri Prakash Javadekar, M.P. (RS) 16 228. Shri Ramachandra Rao N 8 629. Dr. Mahesh Joshi 6 330. Dr. K. Sreenivasrao 3 1

143

Annexure - J

Subject Index of Adjudications in Complaints Regarding Threats to Press Freedom (2014-2015)

Sl. No.

Parties Date of Decision

Category

Harassment of Newsman

1 Complaint of Shri Jitender Mishra, Journalist, Rashtriya Sahara, Konch, Gaya, Bihar against (i) Shri Sunil Saurabh, Journalist, Chauthi Duniya, Gaya, (ii) Shri Gopal Prasad Singha, Bureau Chief, Rashtriya Sahara, Gaya, (iii) Shri Dinesh Kumar Rai, Patna, Bihar.

June 2 , 2014

Dismissed the matter for default

2 Complaint of Shri Vipin Tripathi, Correspondent, Sach Ka Teer, Mahasamund, Chhattisgarh against anti-social elements and police authorities.

“ Dismissed the matter for default

3 Complaint of Shri Ramashankar Singh Pasi, Chief Editor, Nyay Ki Kalam, Vidisha, M.P. against Shri Rajender Singh Thakur, Sub Inspector, M.P.

March 13,

2015

Sub-judice

4 Complaint of Shri Ramvir Singh, Journalist, Such Kahon, Gautam Budh Nagar, U.P. against Shri Prabhat Ram, Deputy General Manager (HR), NTPC Ltd., Post Vidyutndagar, Gautam Budh Nagar, U.P.

“Dismissed the matter for default

5 Complaint of Shri Baljinder Kotbhara, Correspondent, Nawan Zamana, Bahatinda (Punjab) against Driver, Conductor and Helper of Orbit Bus Company, Bhatinda (Punjab).

“Dismissed the matter for default

144

Sl. No.

Parties Date of Decision

Category

6 Complaint of Shri Tribhuwan Poddar, Editor, Vishwasmat Times, Shakarpur, Delhi against, Shri Kishanveer Bhati, Sub-Inspector, P.S. Geeta Colony, Delhi

“Dismissed the matter for default

7 Complaint of Shri Suresh Jaiswal alias Suresh Gandhi, Bureau Chief, Jansandesh Times, Bhadohi (U.P.) against Police & Administration, U.P.

“Dismissed the matter for default

Facilities to the Press

8 Complaint of Shri MS Rajneekar, Publisher, Repko News, Faridabad, Haryana against Shri Lekhraj Nonihal, President, Sewa Samiti, and police, Haryana.

June 2, 2014

Dismissed the matter for default

9 Complaint of Dr. Praveen Gupta, Chief Correspondent, Public News, Delhi against the Press Information Bureau, Delhi.

March 13th, 2015

Dismissed the matter for default

10 Complaint of Shri C.S. Kalra, Editor & Publisher, University Today, New Delhi against Prof. Rajbir Singh, Director, Consortium of Educational Communication (CEC), New Delhi.

“Dismissed the matter for default

11 Complaint of Shri Sanjeev Kumar, Editor, Satta Ki Parakh, Meerut, U.P. against The Director, Information & Public Relation Department, U.P. Administration, Lucknow, U.P.

“Dismissed the matter for default

12 Complaint of Shri Mohammad Irshad Rhine, Working Journalist, Dainik Vishwa Pariwar, Mahoba (U.P.) against Shri Ram Khilawan, District Information & Public Relation Department, Mahoba (U.P.).

”Dismiss Lack of Substance

13 Complaint of Shri Dharmender Sharma, General Manager, Adhunik Awashykta, Pratapgarh, U.P. against I&PRD, U.P.

“Assurance

145

Annexure-KSubject Index of Adjudications in

Complaints Filed Against the Press (2014-2015)

Sl. No.

Parties Date of Decision

Category

Principles and Publication1 Complaint of Smt. Sandhya Acharya

and Dr. Lisa Warden, Director, Dogstop, Ahmedabad, Gujarat against the Editor, Ahmedabad Mirror, Gujarat.

June 2nd , 2014

Dismissed the matter for lack of substance

2 Complaint of Dr. Devender Singh, Chairman, Child Specialist and Senior Medical Officer District Hospital, Sidhi, Hospital, Madhya Pradesh against the Editor, Navbharat, Bhopal, M.P.

“

Dismissed the matter for default

3 Complaint of M/s. Airports Authority of India, Ranchi against the Editor, Dainik Bhaskar, Ranchi.

“

Direction

4 Complaint of Shri Damji Bhanushali, Secretary, Sri Kutchi Bhanushali Samaj Sarovar, Kutch, Gujarat against the Editor, Kutch Uday, Kutch, Gujarat.

“

Settled

5 Complaint of Cornel K. Gonsalves, Secretary, The Salsette Catholic Cooperative Housing Society Ltd., Mumbai against the Editor, DNA, Mumbai.

“

Dismissed the matter for default

6 Complaint of Shri Manas Das Gupta, District - Hooghly against the Editor, Sangbad Pratidin, Kolkata, W.B. “

Dismissed the matter for default

7 Complaint of Dr. Rajeev Joshi, Pune against the Editor, Lokmat, Mumbai, Maharashtra. “

Dismissed the matter for default

8 Complaint of Shri Christopher Fonseca, Secretary, Communist Party of India, Goa State Council, Goa against The Editor, Navhind Times, Panaji, Goa.

“

Dismissed the matter for default

146

Sl. No.

Parties Date of Decision

Category

9 Complaint of Shri Nitin Kumar Agarwal, District Churu, Rajasthan against the editor, Dainik Nav Jyoti, Ajmer, Rajasthan.

“

Dismissed the matter for default

10 Complaint of Shri Hemant Kumar, In-charge, Public Relations, NCERT, New Delhi against the Editor, Outlook, New Delhi.

March 13,

2015

Dismissed the matter for default

11 Complaint of Shri Syed Sahabuddin, IFS (Retd.) & Ex-MP, Delhi against the Editor, Sahafat, Laxmi Nagar, Delhi. “

Disposed of

12 Complaint of Dr. Terence Nazareth, Mumbai against the Editor, DNA, Mumbai. “

Dismissed the matter for default

13 Complaints of Shri Jai Singh Parihaar, Fatehpur, U.P. against the Editor, Dainik Jagaran, U.P.

“

M

Dismissed the matter for default

14 Complaints of Shri Jai Singh Parihaar, Fatehpur, U.P. against the Editor, Rashtriya Sahara, U.P.

Dismissed the matter for default

15 Complaint of M/s Rajasthan Patrika Pvt. Ltd. Jaipur (Raj.) against the Editor, ‘Dainik Bhaskar’, Jaipur, Raj. “

Dismissed the matter for default

16 Complaint of M/s Rajasthan Patrika Pvt. Ltd. Jaipur (Raj.) against the Editor, ‘Dainik Bhaskar’, Jaipur, Raj.

Dismissed the matter for default

17 Complaint of Ms. Odette Katrak, Gurgaon, Haryana against the Editor, Hindustan Times, New Delhi. “

Disposed with Direction

18 Complaint of Shri P.K. Sharma, New Delhi against the Editor, ‘Umar Ujala’, Aligarh (U.P.). “

Dismissed the matter for default

147

Sl. No.

Parties Date of Decision

Category

19 Complaint of Shri Kailash Soni, Jodhpur (Raj.) against the Editor, Jodhpur Jagat, Evening Daily, Jodhpur, Rajasthan.

“

Dismissed the matter for non pursuance

20 Complaint of Shri Pramal Kumar Ohri, District Kapurthala, Punjab against the Editor, Kapurthala-Phagwara Bhaskar Punjab.

“

M

Settled

21 Complaint of Shri Pramal Kumar Ohri, District Kapurthala, Punjab against the Editor, Kapurthala Jagran City, Punjab.

Settled

22 Complaint of Shri Pramal Kumar Ohri, District Kapurthala, Punjab against Phagwara- Kapurthala Kesari, Punjab.

Settled

23 Complaint of Shri Santu alias Shri Sarvesh Kumar Lodhi, Banda (U.P.) against the Editor, Dainik Aaj, Kanpur (U.P.).

“

Dismissed the matter for default

24 Complaint of Shri Jaspal Singh Chugh, Advocate, Ex.-Additional District & Session Judge, Ludhiana against the Editor, The Tribune, Chandigarh.

“

Dismissed the matter for default

Press and Defamation25 Complaint of General Secretary,

Popular Front of India, Kalindi Kunj, New Delhi against the Editor, The Sunday Guardian, New Delhi.

June 2, 2014

Disposed of with Assurance

26 Complaint of General Secretary, Popular Front of India, Kalindi Kunj, New Delhi against the Editor, The Asian Age, New Delhi.

“

Disposed of with Assurance

27 Complaint of The General Secretary, Popular Front of India, Kalindi Kunj, New Delhi against the Editor, The Pioneer, New Delhi.

“

Disposed of with Assurance

148

Sl. No.

Parties Date of Decision

Category

28 Complaint of Smt. Rinki Singh (through her brother, Shri Ravi Kumar Singh), New Delhi against the Editor, Jan Sandesh Times, Varanasi, U.P.

June 2, 2014

Admonished and Censured

29 Complaint of Shri Uma Shankar Shukla and Saket Shukla, Baskar, Chhattisgarh against the Editor, Channel India, Chhattisgarh.

“

Admonished and Censured

30 Complaint of Shri Mohmmed Zakir, District Sawai, Rajasthan against the Editor, Rajasthan Patrika, Jaipur, Rajasthan.

“

Dismissed the matter for default

31 Complaint of Shri Santosh Narayan Sharma, Meerut against the Editor, Dainik Janvani, Meerut, U.P. “

Dismissed the matter for default

32 Complaint of the Executive Committee, Parents Association for Indian Students in Georgia against the Editor, The Pioneer, New Delhi.

“

Dismissed the matter for default

33 Complaint of Shri L. K. Mahajan, Shimla, H.P. against the Editor, Amar Ujala, Shimla, H.P. “

Lack of Substance

34 Complaint of Shri P.K. Jadeja, DSP, Anti Corruption Bureau, Ahmedabad against the Editor, Leader of the Crime News, Ahmedabad.

“

Lack of Substance

35 Complaint of Shri Rajendra Prasad Brijbhushan Chaube, Municipal councilor, Mumbai against the Editor, Toofan Samachar, Mumbai.

“

Dismissed the matter for default

36 Complaint of Mrs. Jayanti Chatterjee, District - Asansol (W.B.) against the Editor, Sambad Pratidin, Kolkata. “

Dismissed the matter for default

149

Sl. No.

Parties Date of Decision

Category

37 Complaint of Shri Madan Mohan Soren, Chief Ticket Officer (Line), Jharkhand against the Editor, Prabhat Khabar, Jamshedpur, Jharkhand.

June 2, 2014

Disposed of with direction

38 Complaint of Shri R. N. Shaikh, Dy Traffic Manager, Mumbai Port Trust, Traffic Department, Mumbai against the editor, Afternoon Dispatch and Courier, Mumbai.

“

Censured

39 Complaint of Shri L. R. Vishwanath, Additional Director General (I/c) Song and Drama Division, MIB, New Delhi against the Editor, News Horn’, Gurgaon.

“

Disposed of Direction

40 Complaint of Shri Gazi Ram Meena, Commissioner of Police, Rewa District, Rewa, Madhya Pradesh against the Editor, Pradesh Today, Bhopal, M.P.

“

Admonished and Censored

41 Complaint of Shri Rajesh Bhargava, Chairman, CHL Group of Hospitals, Indore, M.P. against the Editor, Dainik Agniban, Indore, M.P.

“

Dismissed the matter for default

42 Complaint of Dr. Zaheeruddin, Dental Surgeon, Maharishi Valmiki Hospital, New Delhi against the Editor, Daudti Dilli, New Delhi.

“

Admonished and Censored

43 Complaint of Dr. Charu Walikhanna, Member, National Commissioner for Women, New Delhi against the Editor, Dainik Bhaskar, Noida, U.P.

“

Admonished and Censored

44 Complaints of Shri Shankardayal Nathulal, Amravati, Maharashtra against the Editor, Amravati Darpan. “

Dismissed for default

150

Sl. No.

Parties Date of Decision

Category

45 Complaint of Smt. Usha Yadav, Chairman, Nav Uday Nari Utthan Samiti, Bhopal, M.P. against the Editor, Patrika, Bhopal, M.P.

June 2, 2014

Admonished and Censored

46 Complaint of Shri Nitin Kumar Agarwal, Churru, Rajasthan against the editor, Dainik Bhaskar, Rajasthan. “

Dismissed for default

47 Complaint of Smt. Arti Luniya, Executive Director (CAD), Steel Authority of India, Ltd., New Delhi against the Editor, Sakal Times, Pune, Maharashtra.

March 13,

2015

Dismissed for default

48 Complaint of Shri Pradeep Kumar Singh Kasliwal, Member, Digambar Jain Samaj, Indore against the Editor, Lok Ka Vishwas, Indore.

“

Dismissed for default

49 Complaint of Shri T. Umamaheswara Rao, Visakhpatnam, A.P. against the Editor, India Today, Noida. “

Dismissed for default

50 Complaint of M/s. Cochin Minerals & Rutile Ltd., Kerala against the Editor, Mangalam Daily, Kerala. “

Settled

51 Complaint of Shri Bhimsen, New Delhi against the Editor, The Times of India, New Delhi “

M

Dismissed for default

52 Complaint of Shri Bhimsen, New Delhi against the Editor, Mail Today, Noida.

Dismissed for default

53 Complaint of Shri Kuldeep Rai Sood, Advocate, Agra, U.P. against the Editor, Hindustan, Agra, U.P. “

M

Dismissed for default

54 Complaint of Shri Kuldeep Rai Sood, Advocate, Agra, U.P. against the Editors Dainik Jagran, Agra, U.P.

Dismissed for default

151

Sl. No.

Parties Date of Decision

Category

55 Complaint of Shri Rupesh Singhvi, (IRAS), Senior Divisional Finance Manager, North Western Railway, Jodhpur (Raj.) against the Editor, ‘Dainik Navjyoti’, Jodhpur (Raj.).

March 13,

2015

Disposed of with directions

56 Complaint of Shri Puneet Agarwal, Agra, U.P. against the Editor, Hindustan, Agra, U.P. “

M

Dismissed for non pursuance

57 Complaint of Shri Puneet Agarwal, Agra, U.P. against the Editor, Dainik Jagran, Agra, U.P.

Dismissed for non pursuance

58 Complaint of Shri Ravinder, Project Director, National Highway Authority of India, Gaziabad, U.P. against the Editor, Dainik Jagran, Kanpur, U.P.

“

Directions to publish correct version as well as apology

59 Complaint of Dr. Charanjit Singh Pruthi, Managing Director, Baba Budha Sahib Cardiac Centre Ltd., Pruthi Hospital, Jalandhar against the Editor, The Tribune, Chandigarh, Punjab.

“

Dismissed for default

60 Complaint of Smt. Vimlesh alias Guddi Sharma, Aligarh, U.P. against the Editor, Amar Ujala, Aligarh, U.P. “

Dismissed for default

61 Complaint of Shri Surender Bhadur Yadav, Assistant Superintendent of Posts Office (Head Quarter), Banda, U.P. against the Editor, Rashtriya Sahara, Kanpur, U.P.

“ Censured

62 Complaint of Shri Vakul Goyal, Saket, Meerut, U.P. against the Editor, Aaj Ki Dastan, Meerut Cantt., U.P. “

Dismissed for default

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Sl. No.

Parties Date of Decision

Category

63 Complaint of Shri Harish Batra, President, Bhartiya Janta Party, Adarsh Nagar, Delhi against the Editor, Ravivar Delhi, Delhi.

March 13,

2015

Dismissed for default

Press and Morality

64 Complaint of Ms. Kavita Srivastava, General Secretary, Rajasthan Unit of Public Union for Civil Liberties, Jaipur against the Editor, DNA, Jaipur.

June 2, 2014

Disposed of with direction

65 Complaint of Shri Hari Krishna Vapta, Pune against the Editor, The Times of India, Pune. “

Dismissed for default

Communal, Casteist, Anti National Anti- Religious Writings

66 Complaint of Shri L. S. Herdenia, Bhopal against the Editor, Panchjanya, New Delhi

June 2, 2014

Dismissed for default

153

Annexure - L

Index of Principles Recorded in Adjudications in ComplaintsRegarding Threats to Press Freedom

Facilities to the Press

The newspaper cannot claim advertisements as a matter of right, these empanelment for issuance of advertisements has to be ensured by the authorities within the bounds of the duty notified policy and a given time framework. It is the duty of authorities acting as custodian of public funds, to ensure that such power is fair and equitable and is not misused. (Shri Dharmendra Nath Sharma, Chief Manager, Aadhunik Aavshyakta, Pratapgarh, U.P. Versus Information & Public Relations Department, Government of Uttar Pradesh)

154

Annexure - M

Index of Principles Recorded in Adjudications in Complaints Filed Against the Press

Communal, Castiest, Anti National and Anti Religious Writings

The Council opined that while the newspaper was entitled to its analysis and views, it was simultaneously incumbent on the press to ensure that it be cautious against such publication crating communal enmity or hostility. (Shri L S Herdenia, Bhopal, Madhya Pradesh Versus The Editor, Panchjanya, New Delhi)

Press and Defamation

The Council is of the opinion that when any news item affecting somebody’s character is proposed to be published in the newspaper on the basis of any CD or other such device then first the authenticity of such evidence should be ascertained through a forensic expert Casting aspersion or somebody’s character is a serious charge and should not be done lightly. (Smt. Usha Yadav, President, Nav Uday Nari Utthan Samiti, Bopal, Madhya Pradesh Versus The Editor, Patrika, Bhopal, Madhya Pradesh)

The Council opined that the use of expression “incompetent” or “impotent” cannot be construed to be derogatory in the context of the political commentary in the impugned article. Accordingly, the Council declined to proceed further in the matter. (Shri T Umamasheshwara Rao, Visakhapatnam, A.P. Versus The Editor, The India Today, Noida, U.P.)

Letters to Editor

The Council noted that the impugned publication carried contents materially different from those worte by the complainant and she was denied right of correction. Disapproving such conduct it noted that the respondent had undertaken to apologize and inform the complainant w.r.t. mistake in publication. (Ms. Odette Katrak, Gurgaon, Haryana Versus The Editor, Hindustan Times, New Delhi)

155

Annexure - NSubject Index of Orders Passed

by the Press & Registration Appellate Board (2014-2015)

Sl. No

Parties Date of Order

Category

1. Appeal of S/Shri Sanjay Aggarwal & Ramesh Chand Tiwari against the Order dated 27.5.2009 passed by District Magistrate, Dehradun, Uttrakhand regarding cancellation of declaration of Dainik Bhaskar, Dehradun

January 16, 2015

Adjourned

2. Clarification sought by appellant’s Counsel on Board’s order dated January 9, 2013 on the Appeal of Shri Vishnu Goyal & Others, Indore against the Order dated 29.9.2010 passed by ADM, Indore, Madhya Pradesh

January 16, 2015

Adjourned

3. Appeal of Shri Lokendra Jain, Printer & Publisher, Bandhaviya Samachar, Bhopal, M.P. against order 20.7.2012 passed by learned SDM, Tehsil-Huzur, District – Rewa, M.P.

January 16, 2015

Dismissed

4. Appeal of Shri Lokendra Jain, Printer and Publisher, Bandhaviya Samachar, Bhopal, M.P. against order dated 30.7.2013 passed by the Registrar of Newspapers for India

January 16, 2015

Dismissed

5. Appeal of Shri Avinash Vasntrao Shelar, Owner/Editor, Shree Pudhari Bavada Times, Kolhapur, Maharashtra v/s order dated 23/12/2013 passed by Additional District Magistrate, Kolhapur, Maharashtra

January 16, 2015

Dismissed with direction to the Appellant to file fresh Declaration and Learned Magistrate shall consider the same on merits, if a fresh declaration is made.

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Parties Date of Order

Category

6. Appeal of Shri Keshav Dutt Chandola, Publisher, Nagraj Darpan, Hindi Weekly, Dehradun against the District Information Officer, Haridwar, Uttrakhand concerning delay in accepting the Declaration made in respect of his newspaper for Haridwar Edition

March 3, 2015

Adjourned

7. Appeal of Sh. Dnayaneshwar Sitaram Karale, Editor, Swarvihar Weekly, Dist. Pune, Maharashtra against the order dated 21.3.2014 passed by Sub-Diviisonal Magistrate, Haveli-Sub-Division, Pune, Maharashtra

March 3, 2015

Adjourned

8. Appeal of Shri Anwar Noorie, Chief Editor & Publisher, ‘Mumbra Samachar’, District Thane, Maharashtra v/s Order dated 16.06.2014 passed by Sub-Divisional Officer, District Thane, Maharashtra

March 3, 2015

Stay Order passed on 22.7.2014 to continue till further orders

9. Stay application of Shri J.Johnson, Editor & Publisher, Nellai Kathiravan, Tamil Daily against the Order dated 17.7.2012 passed by Sub-Divisional Magistrate and District Revenue Officer, Thiurunelvely, Tamil Nadu

March 3, 2015

Adjourned

10. Cross-Appeal of Shri Biswajit Mohapatra through his advocate Shri R.S. Jena, District Cuttack, Odisha against order dated 1.08.2014 passed by Learned Collector and District Magistrate, Khurda, Odisha

March 3, 2015

Disposed off with permission to the Appellant to withdraw the Appeal and pursue the suit.

157

Sl. No

Parties Date of Order

Category

11. Appeal of Shri Shashi Krishnakumar Sharma, Editor & Press Reporter, “Dabang Khabaren”, Weekly, Thane against order dt. 5.1.2015 passed by Hon’ble Sub-Divisional Magistrate, Thane Division, Thane, Maharashtra

March 3, 2015

Stay of impugned Order passed by the SDM

12. Appeal of Shri Anwar Kasim Shaikh, Editor of Thane Ka Tahelka, National Hindi Weekly, Thane against order dated 30.9.2014 passed by Sub-Divisional Magistrate, Thane Division, Thane, Maharashtra

March 3, 2015

Stay of impugned Order passed by the SDM

158